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Time spent in federal custody does not interfere with right to speedy trial

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A defendant’s repeated incarcerations in other jurisdictions did not interfere with his right to a speedy trial in Indiana.

The Indiana Court of Appeals affirmed the denial of Eddie Spalding’s motion to dismiss and discharge in Eddie Spalding v. State of Indiana, 49A04-1210-CR-534. It found Criminal Rule 4(C) did not apply because Spalding was not in the exclusive control of Indiana.

Spalding was arrested on March 7, 2011, and charged with Class A misdemeanor operating while intoxicated, Class A misdemeanor resisting law enforcement, and Class B misdemeanor public intoxication. He subsequently missed several court appearances because he was being held in federal custody.

On June 18, 2012, Spalding filed a motion alleging that nearly 400 days had passed since his arrest and all of that delay was attributed to the state. After the trial court denied his motion, he argued in his appeal the time limit for trying him had passed.

The Court of Appeals noted the issue is a question of law which it reviewed de novo.

Spalding cited Indiana Criminal Rule 4(C) which prohibits an individual from being held on a criminal charge for more than a year. The state countered that Criminal Rule 4(C) does not apply because the time Spalding was in a foreign jurisdiction does not count in Indiana.

The COA noted Sweeney v. State, 704 N.E.2d 86, 95 (Ind. 1998) provided that Criminal Rule 4(C) is applicable to defendants in foreign jurisdictions who are brought to Indiana under a writ habeas corpus ad prosequendum or other form of temporary custody. However, in Spalding’s case, Indiana did not have exclusive control so the “Sweeney exception” was not triggered.
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  1. Is this a social parallel to the Mosby prosecutions in Baltimore? Progressive ideology ever seeks Pilgrims to burn at the stake. (I should know.)

  2. The Conour embarrassment is an example of why it would be a good idea to NOT name public buildings or to erect monuments to "worthy" people until AFTER they have been dead three years, at least. And we also need to stop naming federal buildings and roads after a worthless politician whose only achievement was getting elected multiple times (like a certain Congressman after whom we renamed the largest post office in the state). Also, why have we renamed BOTH the Center Township government center AND the new bus terminal/bum hangout after Julia Carson?

  3. Other than a complete lack of any verifiable and valid historical citations to back your wild context-free accusations, you also forget to allege "ate Native American children, ate slave children, ate their own children, and often did it all while using salad forks rather than dinner forks." (gasp)

  4. "So we broke with England for the right to "off" our preborn progeny at will, and allow the processing plant doing the dirty deeds (dirt cheap) to profit on the marketing of those "products of conception." I was completely maleducated on our nation's founding, it would seem. (But I know the ACLU is hard at work to remedy that, too.)" Well, you know, we're just following in the footsteps of our founders who raped women, raped slaves, raped children, maimed immigrants, sold children, stole property, broke promises, broke apart families, killed natives... You know, good God fearing down home Christian folk! :/

  5. Who gives a rats behind about all the fluffy ranking nonsense. What students having to pay off debt need to know is that all schools aren't created equal and students from many schools don't have a snowball's chance of getting a decent paying job straight out of law school. Their lowly ranked lawschool won't tell them that though. When schools start honestly (accurately) reporting *those numbers, things will get interesting real quick, and the looks on student's faces will be priceless!

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