ILNews

Federal incarceration doesn't count toward speedy trial clock

Back to TopCommentsE-mailPrintBookmark and Share

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.

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  2. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

  3. I will agree with that as soon as law schools stop lying to prospective students about salaries and employment opportunities in the legal profession. There is no defense to the fraudulent numbers first year salaries they post to mislead people into going to law school.

  4. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  5. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

ADVERTISEMENT