Narrative Opinion Summary
In this case, the appellant, charged with residential entry and invasion of privacy, filed an interlocutory appeal challenging the trial court's denial of his motion to dismiss under Indiana Criminal Rule 4(C). This rule mandates that a defendant be brought to trial within one year of arrest or charge filing, except for delays attributable to the defendant. The appellant argued that the delays were not his responsibility, as they stemmed from his requests for continuances before a trial date was set. The trial court, however, attributed these delays to him, extending the one-year period. The court thus determined that the appellant's requests for seven continuances, including those due to changing attorneys, were chargeable to him, extending the trial deadline by 396 days. As a result, the trial court's decision to deny the appellant's motion for discharge was upheld. The appellate decision saw concurrence from Judge Garrard, while Judge Darden dissented, providing a separate opinion.
Legal Issues Addressed
Application of Indiana Criminal Rule 4(C)subscribe to see similar legal issues
Application: The court evaluated whether the defendant's requests for continuances affected the one-year deadline for bringing a case to trial.
Reasoning: When a defendant agrees to a continuance before any trial date is set, those days do not count against the defendant under Ind.R.Cr. P. 4(C).
Attribution of Delays to Defendantsubscribe to see similar legal issues
Application: The court determined that continuances requested by the defendant prior to a trial setting are chargeable to him, thereby extending the one-year trial period.
Reasoning: Frisbie sought multiple continuances beginning December 1995, including at least two due to changing lawyers, which are considered chargeable to him.
Impact of Continuances on Trial Deadlinesubscribe to see similar legal issues
Application: The court held that the defendant's multiple requests for continuances extended the trial deadline, justifying the denial of his motion for discharge.
Reasoning: Frisbie requested seven continuances from December 7, 1995, to February 11, 1997, extending the delay by 396 days, thus resetting the deadline to February 13, 1998.