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Friday, November 02, 2012

Ind. Decisions - Court of Appeals issues 1 today (and 5 NFP)

For publication opinions today (1):

In Joshua A. Bostic v. State of Indiana, an 11-page opinion, Judge Pyle writes:

[Bostic] raises only procedural issues relating to: (1) his right to discharge due to the scheduling of his jury trial more than one year after the date he was charged and arrested; and (2) the rules for appointing a special judge to preside over his jury trial. We affirm and remand. * * *

We need not calculate the number of days chargeable to each party, because here, at no point during his proceedings, did Bostic file a motion for discharge under Criminal Rule 4(C) or object to the trial court’s setting of any of his trial dates. Accordingly, he has waived his claim that Criminal Rule 4(C) was violated. * * * Since Bostic did not object or file a motion for discharge, his Criminal Rule 4(C) claim is waived. * * *

Here, Bostic did not object—either at the jury trial or the sentencing hearing—to Senior Judge Milligan presiding as special judge in his cause. Accordingly, Bostic has waived review of any challenge to the appointment of Senior Judge Milligan as special judge.

NFP civil opinions today (2):

In Re The Visitation of M.J. and J.J.: C.M. v. J.J. and I.J. (NFP)

NFP criminal opinions today (3):

Curtis M. Howard v. State of Indiana (NFP)

Dennis Leer v. State of Indiana (NFP)

Kirk Lynch v. State of Indiana (NFP)

Posted by Marcia Oddi on November 2, 2012 10:50 AM
Posted to Ind. App.Ct. Decisions