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Tuesday, April 01, 2014

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

For publication opinions today (1):

In Michael E. McClellan v. State of Indiana, a 9-page opinion, Judge Robb writes:

In this interlocutory appeal, Michael McClellan appeals the trial court’s denial of his motion to dismiss the charge pending against him. McClellan raises one issue, whether the trial court erred in denying his motion to dismiss because his right to a speedy trial under the federal and state constitutions was violated. Concluding the trial court failed to evaluate McClellan’s speedy trial claim under the appropriate framework, we remand for a new hearing on McClellan’s motion to dismiss. * * *

The length of the delay acts as a triggering mechanism; a delay of more than a year post-accusation is “presumptively prejudicial” and triggers the Barker analysis. * * *

The delay was due to the court issuing summons and warrants to McClellan at an outdated address. McClellan argues that the State had an obligation to serve him earlier, especially since he was on home detention and the State should have been aware of his correct address. The State argues that the delay was not deliberate and that the trial court found that the State had no affirmative burden to know McClellan’s address. * * *

We remand to the trial court to hold a new hearing on McClellan’s motion to dismiss based on the speedy trial right using the four-factor balancing test established by Barker v. Wingo and its progeny and to determine whether McClellan’s motion to dismiss should be granted. Remanded.

NFP civil opinions today (2):

Scriptfleet, Inc., a Florida Corporation f/k/a Network Express, Inc. v. In Touch Pharmaceuticals, Inc., an Indiana Corporation as successor in interest to MHP Pharmacy, LLC (NFP)

Anthony Taylor v. Mark R. Sevier, Superintendent of Miami Correctional Facility (NFP)

NFP criminal opinions today (1):

Jeffery Spinks v. State of Indiana (NFP)

Posted by Marcia Oddi on April 1, 2014 11:34 AM
Posted to Ind. App.Ct. Decisions