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. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...