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Man extradited from Wyoming on many charges not denied speedy trial

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A man who twice escaped incarceration in Indiana and was extradited to face a multitude of charges after he was convicted in Wyoming failed to convince appellate judges he had been denied a speedy trial.

Anderson native Kelvin Fuller was convicted in 2008 of bank robbery and in 2009 of aggravated assault in Wyoming. Afterward, he was shipped back to Indiana to face a multitude of felony charges in Hamilton, Lake, LaPorte and Madison counties alleging a criminal rampage.

Lake County officials had issued warrants for Fuller while he was at large, charging him with felonies including robbery, confinement, strangulation and intimidation, and prosecutors in January 2009 sought extradition on those charges when they learned he was being held in the Equality State.

Fuller was extradited in May 2009 and read the Lake County warrant the next month by a Hamilton County officer as the charges against him from other jurisdictions were prosecuted first. Fuller in June 2012 filed a motion to dismiss the Lake County charges pursuant to Criminal Rule 4(C), which Lake Superior Judge Salvador Vasquez denied.

On interlocutory appeal, a panel of the Court of Appeals affirmed Vasquez and found Fuller had not proven his right to trial within one year had been violated, noting Fuller could not show Lake officials knew of his incarceration in Indiana before he made them aware.

Despite being read the information from Lake County by an officer from the Hamilton County Sheriff’s Department, “this fact does not reflect on the knowledge of the Lake County prosecutor or trial court,” Judge Patricia Riley wrote for the court in Kelvin Fuller v. State of Indiana, 45A03-1212-CR-520.

“It is Fuller’s burden on appeal to give us a record that supports his claims. … At best, Fuller presented us with some evidence suggesting that Lake County sheriff’s department might have been aware of Fuller’s incarceration in Indiana,” Riley wrote.

“However, because the record does not show that the Lake County prosecutor or trial court were actually aware of Fuller’s return to Indiana’s jurisdiction prior to Fuller’s filing of his motion to discharge on June 13, 2012, the Crim. R. 4 (C) clock did not start until that date. Therefore, the trial court properly denied Fuller’s motion.”
 

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  1. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  2. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  3. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  4. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

  5. Seventh Circuit Court Judge Diane Wood has stated in “The Rule of Law in Times of Stress” (2003), “that neither laws nor the procedures used to create or implement them should be secret; and . . . the laws must not be arbitrary.” According to the American Bar Association, Wood’s quote drives home this point: The rule of law also requires that people can expect predictable results from the legal system; this is what Judge Wood implies when she says that “the laws must not be arbitrary.” Predictable results mean that people who act in the same way can expect the law to treat them in the same way. If similar actions do not produce similar legal outcomes, people cannot use the law to guide their actions, and a “rule of law” does not exist.

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