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Judges affirm decision in speedy trial claim

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A Hendricks County judge did not err in denying a man’s motion that his criminal case be discharged because the state failed to conduct a speedy trial within one year of charges being filed, the Indiana Court of Appeals ruled.

Charged in March 2009 with disorderly conduct and intimidation resulting from a domestic disturbance at the home of his son and daughter-in-law, the case against Mark Todisco experienced numerous delays before a jury trial was set for September 2010. Todisco filed a motion in August 2010 requesting that the case be discharged under Indiana Criminal Rule 4(C), which generally requires the case be brought to trial within a year of the charges. The trial court found he didn’t timely object to the trial date and denied his motion, and a jury found him guilty of Class B misdemeanor disorderly conduct.

In Mark Todisco v. State of Indiana, No. 32A01-1108-CR-393, the judges determined that Todisco failed to promptly and specifically object when the trial date was set beyond the one-year period. He had two chances to raise the speedy trial issue, but he failed to do so.

The court also acknowledged that the standard of review for Criminal Rule 4(C) appeals has been somewhat unsettled, but the court referenced its recent ruling in Feuston v. State, 953 N.E.2d 545, 548 (Ind. Ct. App. 2011), that held disputed facts are entitled to deference but legal conclusions are reviewed de novo. Since the trial court didn’t issue findings of fact in this case, the appellate panel reviewed this appeal de novo.
 

 

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  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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