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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. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

  2. When I served the State of Kansas as Deputy AG over Consumer Protection & Antitrust for four years, supervising 20 special agents and assistant attorneys general (back before the IBLE denied me the right to practice law in Indiana for not having the right stuff and pretty much crushed my legal career) we had a saying around the office: Resist the lure of the ring!!! It was a take off on Tolkiem, the idea that absolute power (I signed investigative subpoenas as a judge would in many other contexts, no need to show probable cause)could corrupt absolutely. We feared that we would overreach constitutional limits if not reminded, over and over, to be mindful to not do so. Our approach in so challenging one another was Madisonian, as the following quotes from the Father of our Constitution reveal: The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse. We are right to take alarm at the first experiment upon our liberties. I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations. Liberty may be endangered by the abuse of liberty, but also by the abuse of power. All men having power ought to be mistrusted. -- James Madison, Federalist Papers and other sources: http://www.constitution.org/jm/jm_quotes.htm RESIST THE LURE OF THE RING ALL YE WITH POLITICAL OR JUDICIAL POWER!

  3. My dear Mr Smith, I respect your opinions and much enjoy your posts here. We do differ on our view of the benefits and viability of the American Experiment in Ordered Liberty. While I do agree that it could be better, and that your points in criticism are well taken, Utopia does indeed mean nowhere. I think Madison, Jefferson, Adams and company got it about as good as it gets in a fallen post-Enlightenment social order. That said, a constitution only protects the citizens if it is followed. We currently have a bevy of public officials and judicial agents who believe that their subjectivism, their personal ideology, their elitist fears and concerns and cause celebs trump the constitutions of our forefathers. This is most troubling. More to follow in the next post on that subject.

  4. Yep I am not Bryan Brown. Bryan you appear to be a bigger believer in the Constitution than I am. Were I still a big believer then I might be using my real name like you. Personally, I am no longer a fan of secularism. I favor the confessional state. In religious mattes, it seems to me that social diversity is chaos and conflict, while uniformity is order and peace.... secularism has been imposed by America on other nations now by force and that has not exactly worked out very well.... I think the American historical experiment with disestablishmentarianism is withering on the vine before our eyes..... Since I do not know if that is OK for an officially licensed lawyer to say, I keep the nom de plume.

  5. I am compelled to announce that I am not posting under any Smith monikers here. That said, the post below does have a certain ring to it that sounds familiar to me: http://www.catholicnewworld.com/cnwonline/2014/0907/cardinal.aspx

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