Ferguson v. State
| Decision Date | 08 July 1992 |
| Docket Number | No. 49S00-9111-CR-917,49S00-9111-CR-917 |
| Citation | 594 N.E.2d 790 |
| Parties | Forrest FERGUSON, Appellant, v. STATE of Indiana, Appellee. |
| Court | Indiana Supreme Court |
Aaron E. Haith, Choate Visher & Haith, Indianapolis, for appellant.
Linley E. Pearson, Atty. Gen. of Indiana and Cynthia L. Ploughe, Deputy Atty. Gen., for appellee.
A jury trial resulted in the conviction of appellant of Murder for which he received a sentence of sixty (60) years.
The facts are: The victim and appellant were cousins. On the evening of August 24, 1989, the victim was parking cars in a lot for State Fair patrons when appellant arrived and engaged him in conversation. During this period, appellant was drinking beer. He started engaging in conversation persons who were returning to their cars from the fair. The victim admonished him that he should not be talking to the customers. Appellant responded that the victim "couldn't make" him quit talking to the customers. The victim grabbed a can of appellant's beer and threw it into the street and attempted to forcefully eject appellant from the lot.
A fight ensued in which the victim appeared to get the better of appellant. Appellant left and went to the victim's house where he entered and obtained a butcher knife. He asked his friend, Steve Anderson, who had seen the initial altercation, to drive him back to the parking lot. He entered Anderson's car and revealed that he was armed with a butcher knife. At that time, the victim returned to his home and appellant left Anderson's car and walked to the victim's porch where he waited until the victim exited the house. At that time, appellant called his name, grabbed him, and the fight was renewed.
Appellant managed to pin the victim against a car whereupon he pulled out the knife and repeatedly stabbed him causing his death. After stabbing the victim, appellant ran from the scene to the house of Brenda Waldon, whom he had known since childhood. She stated he was bloody, had a bad cut on his hand, smelled strongly of alcohol, and had defecated in his pants. She had him remove his soiled clothing, placed it in the trash, and furnished other clothing.
A short time later, when police arrived, appellant had gone to sleep on a bed in Mrs. Waldon's basement. Police testified that although he smelled of alcohol, he was able to dress himself and walk up the basement stairs unassisted. They stated that his speech was not slurred.
Appellant claims the trial court erred in denying his motion for discharge. He claims he had been held more than one year following his arrest without trial and thus was entitled to discharge under Ind.Crim.Rule 4(C). Appellant was charged with murder on the 25th day of August, 1989. He was not tried until July 1, 1991. Without going into the specific details of the various delays, we have searched the record and find that most of the delay is attributable to appellant. He appeared to have difficulty with the lawyers appointed to defend him to the extent that he had filed a complaint with the Supreme Court Disciplinary Commission against one of them. At one point, the State and the defense agreed to a continuance, and the defendant filed a petition to determine competency.
A defendant is held responsible for any delay caused by his actions including seeking or acquiescing in any continuance. Burdine v. State (1987), Ind., 515 N.E.2d 1085. Any delay occasioned by a request for psychiatric examination is also chargeable to a defendant. Brown v. State (1981), 275 Ind. 441, 417 N.E.2d 333; Baldwin v. State (1980), 274 Ind. 269, 411 N.E.2d 605. If a defendant's actions cause the resignation or withdrawal of his attorney, he is charged with that delay. Young v. State (1988), Ind., 521 N.E.2d 671.
When one compiles the various delays chargeable to appellant, we find that the final expiration date within which appellant must have been tried was November 18, 1991. The...
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...of the rule are also extended by the length of those delays." Isaacs v. State, 673 N.E.2d 757, 762 (Ind.1996). See Ferguson v. State, 594 N.E.2d 790, 792 (Ind.1992). Defendant was charged in August of 1992, and on October 8, 1992, the Clark Circuit Court granted the first Writ. Defendant wa......
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