A man’s attempted murder and battery convictions have been vacated by the Court of Appeals of Indiana, which determined that his speedy trial request was not met.
In September 2021, Stevie Bradley was arrested for attacking his then-girlfriend.
At his first post-arrest hearing, Bradley proceeded pro se and orally moved for an early trial. The magistrate judge ordered Bradley to file the motion in writing and set a bond.
At his second post-arrest hearing, Bradley again orally moved for an early trial. The St. Joseph Superior Court granted the motion and set his trial to begin on Dec. 6, 2021.
On Nov. 29 of that year, the trial court sua sponte ordered Bradley to undergo a competency evaluation. He was deemed competent in March 2022, and his trial was reset to begin on May 4, 2022.
Bradley objected to the new trial date being set outside of the Criminal Rule 4(B) 70-day period.
But before the May trial began, Bradley moved for a continuance based on a discovery issue and also requested that the court appoint him counsel. The trial court granted the continuance and found the delay was attributable to him.
The trial was reset for July 18, 2022.
A month before the trial was set to begin, Bradley moved for discharge pursuant to C.R. 4(B). The trial court denied the motion a month later and, due to a change in Bradley’s appointed counsel, the trial was reset for Aug. 8, 2022.
Bradley again moved for discharge based on his trial being set after the C.R. 4(B) 70-day period had expired. The trial court again denied the motion.
Following the three-day jury trial, the jury convicted Bradley of Level 1 felony attempted murder, Level 5 felony domestic battery resulting in serious bodily injury, Level 5 felony battery by means of a deadly weapon, Level 5 felony intimidation and Level 3 felony aggravated battery. He was sentenced to 40 years.
On appeal, Bradley raised the issue of whether his C.R. 4(B) 70-day period expired before he was brought to trial.
The appellate court agreed with Bradley, finding there wasn’t evidence in the record showing that his trial could not be scheduled until May 4, 2022, due to some delay caused by Bradley, court congestion or an emergency.
“Accordingly, Bradley should have been discharged after his C.R. 4(B) 70-day period expired on March 23, 2022,” Judge Paul Felix wrote.
Judges Terry Crone and Elaine Brown concurred in Stevie Bradley v. State of Indiana, 22A-CR-2317.