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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. I can understand a 10 yr suspension for drinking and driving and not following the rules,but don't you think the people who compleate their sentences and are trying to be good people of their community,and are on the right path should be able to obtain a drivers license to do as they please.We as a state should encourage good behavior instead of saying well you did all your time but we can't give you a license come on.When is a persons time served than cause from where I'm standing,its still a punishment,when u can't have the freedom to go where ever you want to in car,truck ,motorcycle,maybe their should be better programs for people instead of just throwing them away like daily trash,then expecting them to change because they we in jail or prison for x amount of yrs.Everyone should look around because we all pay each others bills,and keep each other in business..better knowledge equals better community equals better people...just my 2 cents

  2. I was wondering about the 6 million put aside for common attorney fees?does that mean that if you are a plaintiff your attorney fees will be partially covered?

  3. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

  4. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

  5. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

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