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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. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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