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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. This law is troubling in two respects: First, why wasn't the law reviewed "with the intention of getting all the facts surrounding the legislation and its actual impact on the marketplace" BEFORE it was passed and signed? Seems a bit backwards to me (even acknowledging that this is the Indiana state legislature we're talking about. Second, what is it with the laws in this state that seem to create artificial monopolies in various industries? Besides this one, the other law that comes to mind is the legislation that governed the granting of licenses to firms that wanted to set up craft distilleries. The licensing was limited to only those entities that were already in the craft beer brewing business. Republicans in this state talk a big game when it comes to being "business friendly". They're friendly alright . . . to certain businesses.

  2. Gretchen, Asia, Roberto, Tonia, Shannon, Cheri, Nicholas, Sondra, Carey, Laura ... my heart breaks for you, reaching out in a forum in which you are ignored by a professional suffering through both compassion fatigue and the love of filthy lucre. Most if not all of you seek a warm blooded Hoosier attorney unafraid to take on the government and plead that government officials have acted unconstitutionally to try to save a family and/or rescue children in need and/or press individual rights against the Leviathan state. I know an attorney from Kansas who has taken such cases across the country, arguing before half of the federal courts of appeal and presenting cases to the US S.Ct. numerous times seeking cert. Unfortunately, due to his zeal for the constitutional rights of peasants and willingness to confront powerful government bureaucrats seemingly violating the same ... he was denied character and fitness certification to join the Indiana bar, even after he was cleared to sit for, and passed, both the bar exam and ethics exam. And was even admitted to the Indiana federal bar! NOW KNOW THIS .... you will face headwinds and difficulties in locating a zealously motivated Hoosier attorney to face off against powerful government agents who violate the constitution, for those who do so tend to end up as marginalized as Paul Odgen, who was driven from the profession. So beware, many are mere expensive lapdogs, the kind of breed who will gladly take a large retainer, but then fail to press against the status quo and powers that be when told to heel to. It is a common belief among some in Indiana that those attorneys who truly fight the power and rigorously confront corruption often end up, actually or metaphorically, in real life or at least as to their careers, as dead as the late, great Gary Welch. All of that said, I wish you the very best in finding a Hoosier attorney with a fighting spirit to press your rights as far as you can, for you do have rights against government actors, no matter what said actors may tell you otherwise. Attorneys outside the elitist camp are often better fighters that those owing the powers that be for their salaries, corner offices and end of year bonuses. So do not be afraid to retain a green horn or unconnected lawyer, many of them are fine men and woman who are yet untainted by the "unique" Hoosier system.

  3. I am not the John below. He is a journalist and talk show host who knows me through my years working in Kansas government. I did no ask John to post the note below ...

  4. "...not those committed in the heat of an argument." If I ever see a man physically abusing a woman or a child and I'm close enough to intercede I will not ask him why he is abusing her/him. I will give him a split second to cease his attack and put his hands in the air while I call the police. If he continues, I will still call the police but to report, "Man down with a gunshot wound,"instead.

  5. And so the therapeutic state is weaonized. How soon until those with ideologies opposing the elite are disarmed in the name of mental health? If it can start anywhere it can start in the hoosiers' slavishly politically correct capital city.

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