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Federal incarceration doesn't count toward speedy trial clock

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The Indiana Court of Appeals has upheld a Marion Superior judge’s decision not to dismiss charges against a man who alleged his constitutional right to a speedy trial was violated because the state didn’t bring his case to trial within a year, as required by Rule 4(C) of the Indiana Rules of Criminal Procedure.

In Lance McCloud v. State of Indiana, No. 49A05-1102-CR-77, the appellate court looked at the case of a man arrested Oct. 15, 2009, and charged the following day with four misdemeanor offenses. Lance McCloud requested an early trial pursuant to Criminal Rule 4 and obtained a bond release from jail. The state obtained a continuance when the parties appeared for trial Nov. 30, 2009.

McCloud failed to appear at the rescheduled trial date on Feb. 9, 2010, and an arrest warrant was issued. It was discovered that McCloud had been on federal probation for a handgun offense at the time he was arrested in Indiana on the misdemeanors, and that probation violation led to his federal incarceration until September or early October 2010.

Despite his 10-month federal imprisonment and the delays that caused at the Indiana trial level, McCloud’s counsel argued the state was required to bring him to trial on the misdemeanors before Oct. 15, 2010.  The trial court agreed with the state’s contention that the federal prison delays should not count against the state and that the trial date could be extended, and the trial court denied McCloud’s motion to dismiss the charges before the Jan. 7, 2011, trial began. This interlocutory appeal ensued.

The Court of Appeals disagreed with McCloud’s claim that he was back in Indiana before the one-year deadline and should have been tried in the week prior to that date. The fact that he was back in Indiana before the date didn’t impact his 10-month absence, which was a delay he specifically caused. The appellate panel also found that the state wasn’t adequately notified about McCloud’s whereabouts by receiving a surety release petition in early 2010, and that didn’t restart the Rule 4 clock.

In using a four-prong test examining the length and reason for the delay, the appellate court found that on balance McCloud’s right to a speedy trial wasn’t violated because he caused the federal incarceration that delayed his Indiana misdemeanor proceedings.

 

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  1. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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