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Justices clarify previous decision on Criminal Rule 4(B)

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The Indiana Supreme Court clarified the ambiguity within its precedent on the issue of whether an incarcerated defendant has the right to be tried within 70 days under Indiana Criminal Rule 4(B) when the defendant is being held for an unrelated offense and not on the charges for which the speedy trial is demanded.

In Mickey Cundiff v. State of Indiana, No. 31S05-1108-CR-512, the state charged Cundiff on Dec. 21, 2009, with drunk driving offenses and he was released from incarceration after posting bond on Jan. 11, 2010. Shortly thereafter he was incarcerated on a probation-revocation case. On March 15, he filed a motion for speedy trial relating to the drunk driving case, relying on Criminal Rule 4(B). In July, the trial court held a hearing on the motion and denied it in August. He was found guilty of Class D felony operating a vehicle while intoxicated at the bench trial.

The Indiana Court of Appeals affirmed, although there has been a split in the panel on this issue. The justices used the Cundiff appeal to revisit its decision in Poore v. State, 685 N.E.2d 36 (Ind. 1997), in which the court held that Criminal Rule 4(B) applied to retrials of habitual-offender counts and so the defendant was entitled to discharge. Justice Steven David wrote that the opinion supports a holding that the rule applies only if a defendant is being held on the charge for which he requests a speedy trial. The ruling also supports a holding that as long as the defendant is in jail on the pending charge, Criminal Rule 4(B) applies to that charge, even if the defendant is also being held for another reason.

Poore did not extend the applicability of that rule to defendants who are not being held on the pending charge for which the speedy trial is requested but for a different reason altogether, he wrote. The confusion in what Poore held may have stemmed from the cases it relied on, David pointed out.

Criminal Rule 4(B) was not available to Cundiff on the pending charges for which he sought a speedy trial because he wasn’t incarcerated on those charges.

 

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  1. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. 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)

  4. 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)

  5. 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.

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