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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. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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