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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. 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)

  2. 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)

  3. 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.

  4. Well, I agree with you that the people need to wake up and see what our judges and politicians have done to our rights and freedoms. This DNA loophole in the statute of limitations is clearly unconstitutional. Why should dna evidence be treated different than video tape evidence for example. So if you commit a crime and they catch you on tape or if you confess or leave prints behind: they only have five years to bring their case. However, if dna identifies someone they can still bring a case even fifty-years later. where is the common sense and reason. Members of congress are corrupt fools. They should all be kicked out of office and replaced by people who respect the constitution.

  5. If the AG could pick and choose which state statutes he defended from Constitutional challenge, wouldn't that make him more powerful than the Guv and General Assembly? In other words, the AG should have no choice in defending laws. He should defend all of them. If its a bad law, blame the General Assembly who presumably passed it with a majority (not the government lawyer). Also, why has there been no write up on the actual legislators who passed the law defining marriage? For all the fuss Democrats have made, it would be interesting to know if some Democrats voted in favor of it (or if some Republican's voted against it). Have a nice day.

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