Jordan v. State
| Decision Date | 25 May 1982 |
| Docket Number | No. 1081S280,1081S280 |
| Parties | Jesse Price JORDAN, Jr., Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below). |
| Court | Indiana Supreme Court |
Charles B. Huppert, Daniel B. Altman, Indianapolis, for appellant.
Linley E. Pearson, Atty. Gen., Michael G. Worden, Deputy Atty. Gen., Indianapolis, for appellee.
The defendant, Jesse Price Jordan, Jr., was convicted by a jury of burglary, a class C felony, Ind.Code § 35-43-2-1 (Burns 1979 Repl.), theft, a class D felony, Ind.Code § 35-43-4-2 (Burns 1979 Repl.), and was found to be an habitual offender, Ind.Code § 35-50-2-8 (Burns 1979 Repl.). He was sentenced to the Indiana Department of Correction for concurrent terms of five and two years for his burglary and theft convictions; an additional thirty-year sentence, to be served consecutively to the five and two-year terms, was imposed on defendant for his status as an habitual offender.
In his direct appeal, he presents the following issue for our review: whether defendant's speedy trial rights under Ind.R.Crim.P. 4(B)(1) were violated.
Criminal Rule 4(B)(1) reads in its entirety:
Defendant maintains that pursuant to the above provisions, he was entitled to be discharged prior to trial.
The relevant facts are not in dispute. Defendant was arrested for the crimes at issue on August 22, 1980, his trial was scheduled to commence on January 22, 1981. On October 8, 1980, defendant filed a motion for an early trial within the seventy-day period established in Criminal Rule 4(B)(1). The following day, the trial court ruled that due to its congested calendar, the January 22, 1981 trial date would remain unchanged, albeit beyond the seventy-day period measured from October 8, 1980.
On January 19, 1981, the state filed a motion for leave to fingerprint the defendant, which was granted by the court. The following day, defendant filed a motion for a continuance. The cause was then rescheduled for a pretrial conference on February 11, 1981; at the conference, the cause, without objection by defendant, was set for jury trial on April 9, 1981, due to a "congested court calendar."
On April 9, 1981, the trial court was occupied with a jury trial in progress in another cause. As a consequence, the court rescheduled a second pretrial conference in defendant's case for April 15, 1981. At the conference on April 15, the trial court scheduled defendant's jury trial for June 4, 1981. In its docket entry, the court noted the trial date was set "over defendant's objection," but that a "congested court calendar" necessitated the trial occur beyond the seventy-day early trial period.
As defendant points out, in none of the above instances did the prosecutor "file a timely motion for continuance," as is contemplated in Ind.R.Crim.P. 4(B)(1), supra. This Court, however, has held the trial court on its own motion may schedule a trial beyond the seventy-day period when the congested nature of its calendar renders compliance with the early trial time frame impossible. Loyd v. State, (1980) Ind., 398 N.E.2d 1260; Gill v. State, (1977) 267 Ind. 160, 368 N.E.2d 1159; Harris v. State, (1971) 256 Ind. 464, 269 N.E.2d 537; see also, Tyner v. State, (1975) 166 Ind.App. 45, 333 N.E.2d 857.
Defendant concedes the...
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Dudley v. State
...the seventy (70) day period when the congested nature of its calendar precludes a trial date within the early trial frame. Jordan v. State, (1982) Ind., 435 N.E.2d 257. In Loyd v. State, (1980) 272 Ind. 404, 398 N.E.2d 1260, 1265, cert. denied, (1980) 449 U.S. 881, 101 S.Ct. 231, 66 L.Ed.2d......
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Payne v. State
... ... 4(B) when the congested nature of its calendar truly precludes a trial date within the early trial frame. See Dudley v. State (1985) Ind., 480 N.E.2d 881, 890; Jordan v. State (1982) Ind., 435 N.E.2d 257, 258-59; Loyd v. State (1980) 272 Ind. 404, 398 N.E.2d 1260, 1265, cert. denied, (1980) 449 U.S. 881, 101 S.Ct. 231, 66 L.Ed.2d 105. Likewise, a defendant may challenge the propriety of a continuation made under the auspices of a "congested calendar" ... ...
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Gillie v. State
... ... This Court has held many times that the trial court may, on its own motion, schedule a trial for a date beyond the seventy day period, when the congested nature of its calendar precludes a trial date within the early trial time frame. Jordan v. State, (1982) Ind., 435 N.E.2d 257, 258; Loyd v. State, (1980) 272 Ind. 404, 408, 398 N.E.2d 1260, 1265, cert. denied 449 U.S. 881, 101 S.Ct. 231, 66 L.Ed.2d 105; Gill v. State, (1977) 267 Ind. 160, 164, 368 N.E.2d 1159, 1162; Harris v. State, (1971) 256 Ind. 464, 466, 269 N.E.2d 537, 539 ... ...
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Bradford v. State, 582S180
... ... 4(B)(1) contemplates. This Court, however, has held on several occasions that the trial court may, on its own motion, schedule a trial for a day beyond the seventy-day period, when the congested nature of its calendar precludes a trial date within the early trial time frame. Jordan v. State, (1982) Ind., 435 N.E.2d 257, 258; Loyd v. State, (1980) Ind., 398 N.E.2d 1260, 1265, cert. denied 449 U.S. 881, 101 S.Ct. 231, 66 L.Ed.2d 105; Gill v. State, (1977) 267 Ind. 160, 164, 368 N.E.2d 1159, 1162; Harris v. State, (1971) 256 Ind. 464, 466, 269 N.E.2d 537, 539 ... ...