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Thursday, April 28, 2016
Ind. Decisions - Supreme Court decides a fourth case today
In Travis Allen v. State of Indiana, a 4-page, 5-0 opinion, Justice Dickson writes:
The defendant was convicted of four traffic offenses, two related to his driving while intoxicated and two related to his lack of a driver's license. His trial took place on October 8, 2014, almost three years after his arrest on December 9, 2011. This appeal asserts a single claim: that the trial court erroneously denied his Criminal Rule 4 motion for discharge for delay.
The defendant contends that he is entitled to discharge under Indiana Rule of Criminal Procedure 4(C), which provides that a defendant may not be held to answer a criminal charge for greater than one year "except where a continuance was had on his motion, or the delay was caused by his act, or where there was not sufficient time to try him during such period because of congestion of the court calendar . . . ." * * *
Therefore, whether declining to attribute delay to the defendant for failing to arrange for his transportation from Department of Correction custody and to appear for his trial scheduled for January 23, 2013, or whether attributing such failures to the defendant under Rule (C) and permitting the trial court and the State a reasonable time thereafter to bring the defendant to trial, the defendant was entitled to discharge pursuant to Indiana Criminal Rule 4(C), and his motion should have been granted.
We reverse the denial of the defendant's motion for discharge and remand to the trial court to grant the motion pursuant to Criminal Rule 4(C).
Posted by Marcia Oddi on April 28, 2016 04:51 PM
Posted to Ind. Sup.Ct. Decisions