State v. Sagalovsky
| Decision Date | 13 October 2005 |
| Docket Number | No. 45A05-0411-CR-637.,45A05-0411-CR-637. |
| Citation | 836 N.E.2d 260 |
| Parties | STATE of Indiana, Appellant-Plaintiff, v. Boris SAGALOVSKY, Appellee-Defendant. |
| Court | Indiana Supreme Court |
Steve Carter, Attorney General of Indiana, Maureen Ann Bartolo, Deputy Attorney General, Indianapolis, for Appellant.
John S. Dull, Merrillville, for Appellee.
The State of Indiana (the "State") appeals from the Lake Superior Court's grant of Boris Sagalovsky's ("Sagalovsky") Motion to Dismiss the charging information against him. The State raises two issues:
I. Whether the trial court erred when it granted Sagalovsky's Motion to Dismiss on the ground that a delay between arrest and the filing of charges, properly within the statute of limitations, violated Sagalovsky's Sixth Amendment right to a speedy trial; and,
II. Whether the trial court erred when it found a violation of Sagalovsky's right to a fair trial when the record was devoid of any evidence to show that the State intentionally withheld bringing forth charges.
Sagalovsky raises an additional issue:
III. Whether the State's failure to serve Sagalovsky or his attorney with a copy of the Notice of Appeal, as required by Indiana Appellate Rule 9 A(1), warrants affirmation of the trial court's dismissal without a requirement by Sagalovsky to show prejudice.
Concluding that 1) the State's failure to serve Sagalovsky or his attorney with a copy of the Notice of Appeal does not warrant dismissal, 2) there was no violation of Sagalovsky's right to a speedy trial, and 3) there was no violation of Sagalovsky's right to a fair trial, the trial court improperly granted Sagalovsky's Motion to Dismiss. Accordingly, we reverse and remand.
On or about January 18, 2003, at approximately 11:23 p.m., Indiana State Trooper Brian McCall ("Trooper McCall") observed a vehicle driven by Sagalovsky swerving in between lanes and driving off the road. Appellant's App. pp. 201-02. Trooper McCall initiated a traffic stop. As Trooper McCall approached Sagalovsky's vehicle, he noticed a strong odor of alcohol coming from the vehicle. Additionally, Trooper McCall observed that Sagalovsky's speech and balance were indicative of intoxication. Appellant's App. pp. 202-03. Sagalovsky was arrested on suspicion of operating while intoxicated and operating while intoxicated while endangering a person. Appellant's App. p. 12. He was released on bond.
Trooper McCall worked on the arrest documentation and entered the information into his computer from his vehicle, but failed to file the paperwork. Appellant's App. p. 205. He cited a heavy workload, including 190 crashes, 30 other cases and numerous arrests as reasons for not submitting the paperwork. Id. In December 2003, Trooper McCall realized that he had forgotten about the file and completed the probable cause affidavit. However, he did not present the paperwork to the prosecutor's office at that time, citing a busy winter work schedule due to winter storms and memory failure due to the death of a colleague in the line of duty. Appellant's App. pp. 205-06. Trooper McCall turned the paperwork in to the prosecutor's office in March 2004 upon finding it in a pile of folders in his vehicle. On April 6, 2004, the State filed its charging information, charging Sagalovsky with operating while intoxicated, a Class C misdemeanor and operating while intoxicated endangering a person, a Class A misdemeanor.1 Appellant's App. pp. 10-17. The total delay between Sagalovsky's arrest and the filing of criminal charges was approximately 15 months.
On May 13, 2004, Sagalovsky filed a Motion to Dismiss, in which he argued, inter alia, that the delay between his arrest and the date the charging information was filed violated his right to a speedy trial under the Sixth and Fourteenth Amendments to the United States Constitution and Article I, Section 12 of the Indiana Constitution. Appellant's App. pp. 23-40. Sagalovsky also alleged that his due process rights had been violated. Id. On May 28, 2004, the State filed its response. The State argued, inter alia, that Sagalovsky failed to show how his defense had been prejudiced, and asked the court to deny the Motion to Dismiss. Appellant's App. pp. 41-50. On that same date, the trial court denied Sagalovsky's Motion to Dismiss and Sagalovsky then filed an Amended Motion to Dismiss. On July 9, 2004, the trial court conducted a hearing on Sagalovsky's amended motion.
On August 23, 2004, the trial court issued its order, together with Findings of Fact, Legal Authority, Legal Analysis, and Judgment, finding that (1) Sagalovsky's Sixth Amendment right and Due Process rights under the Fourteenth Amendment had been violated due to an unjustifiable delay that prejudiced Sagalovsky's ability to adequately develop, prepare and present his legal defense; and (2) under Article I, Section 12 of the Indiana Constitution, Sagalovsky demonstrated prejudicial effect resulting from unjustifiable delay. Tr. Ct. Order pp. 1-5. As such, the trial court granted Sagalovsky's Motion for Dismissal of all charges arising from the matter, with prejudice.
On September 3, 2004, the State filed a Notice of Appeal in open court bearing the trial court clerk's stamp. Neither Sagalovsky nor his attorney was present. Appellant's App. pp. 95-96. In a sworn affidavit, Stacy Hazard, the legal assistant and sole person responsible for receiving mail for Sagalovsky's attorney, declared that she never received a copy of the Notice of Appeal or a copy of the Notice of Completion of the Clerk's Record. Appellant's App. pp. 164-66. On December 22, 2004, Sagalovsky filed a Motion of Appellee to Dismiss Appeal, alleging that the State failed to timely file its Notice of Appeal. On February 9, 2005, this court granted Sagalovsky's motion and dismissed this appeal with prejudice. Appellant's App. pp. 105-07.
On March 9, 2005, the State filed a Petition for Rehearing. On April 5, 2005, this court granted the State's petition and reinstated this appeal. Appellant's App. pp. 119-21. On April 12, 2005, Sagalovsky filed a Second Motion to Dismiss, or in the alternative, a Motion to Reinstate Dismissal of February 9, 2005. On April 15, 2005, the State filed a Verified Response to Sagalovsky's motion. In an order dated May 27, 2005, this court denied Sagalovsky's Second Motion to Dismiss. Additional facts will be provided as necessary.
The State contends that the trial court improperly dismissed the charges filed against Sagalovsky. This issue is a question of law, and we therefore review the matter de novo. Wilcox v. State, 748 N.E.2d 906, 909 (Ind.Ct.App.2001), trans. denied. Under this standard, appellate courts owe no deference to the trial court's legal conclusions. Hill v. Ebbets Partners Ltd., 812 N.E.2d 1060, 1063 (Ind.Ct.App.2004).
Sagalovsky argues that this court should affirm the trial court's dismissal, alleging that the State's Notice of Appeal was never served on Sagalovsky or his attorney as required by Indiana Appellate Rule 9 A(1), which states, in relevant part:
A. Filing the Notice of Appeal.
(1) Appeals from Final Judgments. A party initiates an appeal by filing . . . Copies of the Notice of Appeal, which need not be file stamped by the trial court clerk, shall be served on all parties of record in the trial court, the Clerk, and upon the Attorney General in all Criminal Appeals and any appeals from a final judgment declaring a state statute unconstitutional in whole or in part.
Ind.App. R. 9 A(1) (emphasis in original).
In an order dated May 27, 2005, the motions panel of our court denied the motion. "The Court also finds that serving a copy of the Notice of Appeal on the Clerk of the Court and all parties of record is not a jurisdictional prerequisite to an appeal." In his brief, Sagalovsky again argues that the State's appeal should be dismissed for failure to comply with the service requirement of Appellate Rule 9 A(1). See Br. of Appellee pp. 1, 5-6, 8-11. Our court may reconsider a ruling by the motions panel. Oxford Fin. Group, Ltd. v. Evans, 795 N.E.2d 1135, 1141 (Ind.Ct.App.2003). However, "we decline to do so in the absence of clear authority establishing that it erred as a matter of law." Id.
The failure to serve all necessary papers upon an opposing party in an appeal may result in dismissal. In the Matter of Estate of Belanger, 437 N.E.2d 90, 91 (Ind.Ct.App.1982) (emphasis added). However, dismissal is not mandatory. See Murphy v. Ind. Harbor Belt R.R. Co., 152 Ind.App. 455, 284 N.E.2d 84, 86 (1972) " ).3 In Murphy, this court held that Appellate Rule 12(B), now incorporated into Appellate Rule 9 A(1), "does not automatically require dismissal of this action but leaves it to the sound discretion of this court where justice so demands." Id. at 87.
In American States Insurance Co. v. State of Indiana ex rel. Jennings, Ind., 258 Ind. 637, 283 N.E.2d 529 (1972), our supreme court expressed its opinion regarding the philosophy and spirit of the Appellate Rules when it stated:
Although our procedural rules are extremely important, it must be kept in mind that they are merely a means for achieving the ultimate end of orderly and speedy justice. We must examine our technical rules closely when it appears that invoking them would defeat justice; otherwise we become slaves to the technicalities themselves and they acquire the position of being the ends instead of the means.
Id. at 531. In light of our supreme court's approach to the Appellate Rules, as well as the discretionary nature of our review related to this issue, we adopt our motions panel's decision to deny Sagalovsky's Second Motion to Dismiss the appeal.
The Sixth...
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