ILNews

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

Back to TopCommentsE-mailPrintBookmark and Share
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.
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

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  4. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  5. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

ADVERTISEMENT