Trial court erred in denying motion to continue

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A Marion Superior trial court should have granted a woman's motion to continue the day of her bench trial because she had a constitutional right to present a defense to support her involuntary intoxication argument, the Indiana Court of Appeals decided today.

In Jennifer Barber v. State of Indiana, No. 49A02-0901-CR-34, Jennifer Barber argued the trial court erred in denying her motion because her defense counsel had just located two witnesses who supported her defense of involuntary intoxication the weekend before her trial was to start. Barber was convicted of Class A misdemeanor operating while intoxicated and Class C misdemeanor failure to stop after an accident resulting in property damage.

Barber played pool at an American Legion in Indianapolis and said she only had one vodka martini that night. She claimed she left her drink unattended several times throughout the night. She later got in her car and rear-ended a car and then left the scene of the accident. Barber claimed she doesn't remember anything between the time of playing pool and waking up in the hospital. When arrested, she couldn't stand up and was slurring her words. She consented to a chemical test, but one was never given.

Barber was granted two continuances, the second to allow her to locate witnesses who could testify on her behalf that she was involuntarily intoxicated. It wasn't until the day before her bench trial that her attorney located a key witness - a woman who claimed she too may have been involuntarily drugged that night. The trial court denied the motion to continue because it had set a hard deadline of Dec. 1, 2008, for the witness list; her bench trial was scheduled for Dec. 15.

There's no evidence Barber's attorney acted in bad faith in asking for the continuance and the state would have suffered minimal prejudice in delaying the trial, wrote Judge Nancy Vaidik. There was obvious prejudice to Barber from not being able to present the testimony of the other woman and another witness.

"In light of Barber's right to present a defense, the strong presumption in favor of allowing the testimony of even late-disclosed witnesses, the lack of substantial prejudice to the State, and the resultant prejudice to Barber, we conclude that the trial court abused its discretion in denying Barber's motion to continue and therefore remand for a new trial," the judge wrote.

The appellate court also pointed out for remand that the abstract of judgment shows Barber was convicted under Indiana Code Section 9-30-5-1(b), but according to the charging information, she was charged under section 2(b), which requires her to operate a vehicle while intoxicated in a manner that endangers another person. Because the chemical test and blood draw didn't occur, the appellate court was "perplexed" as to why the trial court entered judgment of conviction under 9-30-5-1, wrote Judge Vaidik.


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  1. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...