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Justices vacate transfer to Criminal Rule 4(B) appeal

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The Indiana Supreme Court has decided that a Court of Appeals decision reversing the denial of man’s motion for discharge will stand.

The justices released an order Tuesday saying that the high court has vacated its grant of transfer to Corey Fletcher v. State of Indiana, No. 79S02-1204-CR-208. They held oral arguments on the case June 1.

Corey Fletcher appealed the denial of his motion to discharge under Indiana Criminal Rule 4(B). He was charged Oct. 28, 2009, with various drug offenses and scheduled to go to trial May 11, 2010. In early March 2011, Fletcher filed a pro se motion for a fast and speedy trial – the same day a new public defender was appointed. That attorney filed an appearance for three days after the pro se motion was filed.

The majority on the Court of Appeals disagreed with the holding in Jenkins v. State, 809 N.E.2d 361 (Ind. Ct. App. 2004), to the extent that it implies that the appointment of counsel and not the appearance of counsel is the relevant time period for determining whether a defendant may file a pro se motion for a speedy trial. Judge Ezra Friedlander dissented, believing that since counsel had been appointed before Fletcher filed his early trial motion, the court wasn’t required to accept it for filing or grant it.

The Court of Appeals opinion, which previously had been vacated once the justices accepted transfer, has been reinstated as Court of Appeals precedent.

Justice Mark Massa dissented, believing Fletcher's rights weren't violated so his conviction should be affirmed.



 

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  1. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  2. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  3. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  4. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  5. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

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