« Ind. Courts - "The Disappearing Jury Trial in Indiana: Some Thoughts (and Stats) on the Past Five Years" | Main | Ind. Decisions - Charges against Kristine Bunch reported dropped »

Tuesday, December 18, 2012

Ind. Decisions - Court of Appeals issues 1 today (and 3 NFP)

For publication opinions today (0):

In Timothy Schepers v. State of Indiana, a 9-page opinion, Judge Baker writes:

This case is before us on interlocutory appeal, where we determine whether Timothy Schepers’s right to a speedy trial under Indiana Criminal Rule 4 was violated. Schepers was charged with several criminal offenses, and the trial court appointed a public defender to represent him. Schepers subsequently filed a pro se motion to have the public defender removed as counsel and demanded a jury trial within seventy days pursuant to Criminal Rule 4.

After Schepers filed his motions and demand for a jury trial, and before a ruling was made on the request for removal of counsel, the trial court held a hearing and informed Schepers that it was appointing a special public defender to represent him. Schepers agreed to that appointment. When the trial court set a trial date beyond seventy days of Schepers’s pro se motion, Schepers moved to dismiss and the trial court subsequently held a hearing to determine whether a violation of Criminal Rule 4 had occurred.

Schepers was still represented by counsel when he filed his pro se motions, and Schepers’s filing of those motions did not amount to a request to proceed with hybrid representation. Additionally, Schepers’s subsequently-appointed counsel acquiesced to a trial date that was set beyond the seventy-day rule. For these reasons, we conclude that the trial court properly denied Schepers’s motion to dismiss. We therefore affirm and remand this cause for trial.

NFP civil opinions today (0):

NFP criminal opinions today (3):

Dan Stranahan v. Debra Haines (NFP)

Trenton Jones v. State of Indiana (NFP)

Michael Dominique v. State of Indiana (NFP)

Posted by Marcia Oddi on December 18, 2012 10:21 AM
Posted to Ind. App.Ct. Decisions