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Judges rule man's right to speedy trial was violated

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The state had an affirmative duty to pursue prosecution of a defendant under his right to a speedy trial, the Indiana Court of Appeals ruled today. The appellate court also disapproved of the state’s blanket policy to not attempt to secure the attendance of an accused incarcerated person in a foreign jurisdiction until he has finished serving his sentence there.

In Alphonzo Fisher v. State of Indiana, No. 10A01-1001-CR-21, Alphonzo Fisher challenged the denial of his motion to discharge. Fisher was charged with Class A felony dealing in cocaine in June 2001 with a pre-trial hearing set for December 2001. At the time of the hearing, Fisher was in federal custody on an unrelated case.

In 2006, Fisher’s attorney filed notice of availability for prosecution and an objection to the delay of prosecution. In December 2007, he filed a motion to discharge because his constitutional and statutory speedy trial rights had been violated, which the trial court denied. The trial court granted Fisher’s motion for transport for the final pre-trial conference in December 2008, which the state objected to because it would violate the Interstate Agreement on Detainers. Fisher objected and filed two pro se motions to dismiss in 2009, which were denied.

On interlocutory appeal, the trial court asked whether the state has an affirmative obligation to pursue prosecution under the circumstances of Fisher’s case. The appellate court said yes, and even the state acknowledged its affirmative duty to pursue prosecution of Fisher.

But the appellate court also had to examine the four factors under Barker v. Wingo, 407 U.S. 514 (1972), to determine whether Fisher’s constitutional right to a speedy trial was violated. They found the length of the delay in the case to be long and took issue with the state’s broad policy of foregoing prosecution of a defendant until the defendant completes serving time in a foreign jurisdiction. The policy is not an acceptable justification for delaying his trial.

“We certainly cannot approve of a blanket policy to sit back and wait for a defendant to complete his sentence in a foreign jurisdiction, especially under the facts of this case where the delay in prosecution is substantial,” wrote Judge Ezra Friedlander. “While there may very well be valid reasons underlying the State’s express policy to delay prosecution until such time as a defendant finishes serving time in a foreign jurisdiction, the State’s affirmative duty to diligently, and in good faith, pursue prosecution of defendants is the overriding factor to consider.”

That Fisher asserted his right to a speedy trial also weighs in his favor, noted the judge. They decided not to address the fourth Barker factor – actual prejudice – in light of the excessive delay, inexcusable explanation for the delay and Fisher’s assertion of his right to a speedy trial. They reversed the trial court and remanded with instructions to dismiss the underlying action against Fisher.
 

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  1. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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