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
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

ADVERTISEMENT