ILNews

Man extradited from Wyoming on many charges not denied speedy trial

Back to TopCommentsE-mailPrintBookmark and Share

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.”
 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Hysteria? Really Ben? Tell the young lady reported on in the link below that worrying about the sexualizing of our children is mere hysteria. Such thinking is common in the Royal Order of Jesters and other running sex vacays in Thailand or Brazil ... like Indy's Jared Fogle. Those tempted to call such concerns mere histronics need to think on this: http://www.msn.com/en-us/news/us/a-12-year-old-girl-live-streamed-her-suicide-it-took-two-weeks-for-facebook-to-take-the-video-down/ar-AAlT8ka?li=AA4ZnC&ocid=spartanntp

  2. Hi I am Mr Damian Parker the creditor of Private loans, and I'm here to make your dreams come true to get a loan. Do you need a loan urgently? Do you need a loan to pay off your debts? Do you need a loan for expansion of your business or start your own business, we are here for you with a low interest rate of 3% and you can get a credit of 1,000 to 100,000,000.00 the maximum loan amount and up to 20 years loan duration. Contact us today for more information at dparkerservices@hotmail.com

  3. This is happening so much. Even in 2016.2017. I hope the father sue for civil rights violation. I hope he sue as more are doing and even without a lawyer as pro-se, he got a good one here. God bless him.

  4. JLAP and other courtiers ... Those running court systems, have most substance abuse issues. Probably self medicating to cover conscience issues arising out of acts furthering govt corruption

  5. I whole-heartedly agree with Doug Church's comment, above. Indiana lawyers were especially fortunate to benefit from Tom Pyrz' leadership and foresight at a time when there has been unprecedented change in the legal profession. Consider how dramatically computer technology and its role in the practice of law have changed over the last 25 years. The impact of the great recession of 2008 dramatically changed the composition and structure of law firms across the country. Economic pressures altered what had long been a routine, robust annual recruitment process for law students and recent law school graduates. That has, in turn, impacted law school enrollment across the country, placing upward pressure on law school tuition. The internet continues to drive significant changes in the provision of legal services in both public and private sectors. The ISBA has worked to make quality legal representation accessible and affordable for all who need it and to raise general public understanding of Indiana laws and procedures. How difficult it would have been to tackle each of these issues without Tom's leadership. Tom has set the tone for positive change at the ISBA to meet the evolving practice needs of lawyers of all backgrounds and ages. He has led the organization with vision, patience, flexibility, commitment, thoughtfulness & even humor. He will, indeed, be a tough act to follow. Thank you, Tom, for all you've done and all the energy you've invested in making the ISBA an excellent, progressive, highly responsive, all-inclusive, respectful & respected professional association during his tenure there.

ADVERTISEMENT