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Wednesday, October 31, 2007
Ind. Decisions - More on "State has 128 days to retry Delph"
Updating this ILB entry from Oct. 27th, Shawn McGrath of the Anderson Herald Bulletin reports:
An attorney for Rex David Delph said Tuesday he is “99 percent certain” he will ask either that the Indiana Court of Appeals to review its ruling giving prosecutors 128 days to try the accused double murderer or that a higher court review the decision. * * *The appeals court ruled on Friday that the Madison County Prosecutor’s Office has 128 days to try Delph on charges he intentionally set the May 2004 fire that killed his wife and son.
Madison Circuit Court Judge Fredrick Spencer tossed out the charges against Delph in December, ruling that prosecutors took too long to bring Delph to trial. In general, prosecutors have a year from when charges are filed to put the defendant on trial. The appeals court’s ruling effectively reinstated the charges against Delph. * * *
Madison County Prosecutor Thomas Broderick Jr., who took office a month after Spencer dismissed the charges, said he plans on filing a motion in the coming days asking the judge to set a trial date.
“Our plan is that we’re going to move forward on the case, regardless of what the defense is planning,” he said.
Broderick said that, if defense attorneys ask the appeals court to review its own decision, the deadline to try Delph continues to close. If the Indiana Supreme Court agrees to review the ruling, then the case will be put on hold.
Cleary said if the appeals court declines to review its decision, he can still seek to have the case transferred to the Indiana Supreme Court.
Posted by Marcia Oddi on October 31, 2007 06:39 AM
Posted to Ind. App.Ct. Decisions