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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. Joseph Buser, Montgomery County Chief Prosecutor, has been involved in both representing the State of Indiana as Prosecutor while filing as Representing Attorney on behalf of himself and the State of Indiana in Civil Proceedings for seized cash and merchandise using a Verified Complaint For Forfeiture of Motor Vehicle, Us Currency And Reimbursement Of Costs, as is evident in Montgomery County Circuit Court Case Number 54C01-1401-MI-000018, CCS below, seen before Judge Harry Siamas, and filed on 01/13/2014. Sheriff Mark Castille is also named. All three defendants named by summons have prior convictions under Mr. Buser, which as the Indiana Supreme Court, in the opinion of The Matter of Mark R. McKinney, No. 18S00-0905-DI-220, stated that McKinney created a conflict of interest by simultaneously prosecuting drug offender cases while pocketing assets seized from defendants in those cases. All moneys that come from forfeitures MUST go to the COMMON SCHOOL FUND.

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  4. Oh, and you fail to mention that you deprived the father of far FAR more time than he ever did you, even requiring officers to escort the children back into his care. Please, can you see that you had a huge part in "starting the war?" Patricia, i can't understand how painfully heartbreak ithis ordeal must have been for you. I read the appellate case and was surprised to see both sides of the story because your actions were harmful to your child; more so than the fathers. The evidence wasn't re weighed. It was properly reviewed for abuse of discretion as the trial court didn't consider whether a change of circumstance occurred or follow and define the statutes that led to their decision. Allowing a child to call a boyfriend "daddy" and the father by his first name is unacceptable. The first time custody was reversed to father was for very good reason. Self reflection in how you ultimately lost primary custody is the only way you will be able heal and move forward. Forgiveness of yourself comes after recognition and I truly hope you can get past the hurt and pain to allow your child the stability and care you recognized yourself that the father provides.

  5. Patricia, i can't understand how painfully heartbreak ithis ordeal must have been for you. I read the appellate case and was surprised to see both sides of the story because your actions were harmful to your child; more so than the fathers. The evidence wasn't re weighed. It was properly reviewed for abuse of discretion as the trial court didn't consider whether a change of circumstance occurred or follow and define the statutes that led to their decision. Allowing a child to call a boyfriend "daddy" and the father by his first name is unacceptable. The first time custody was reversed to father was for very good reason. Self reflection in how you ultimately lost primary custody is the only way you will be able heal and move forward. Forgiveness of yourself comes after recognition and I truly hope you can get past the hurt and pain to allow your child the stability and care you recognized yourself that the father provides.

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