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[APPEALS] Tinker et al v. State, 10A01-1507-CR-999
Start Date: 3/15/2016Start Time: 1:00 PM
End Date: 3/15/2016End Time: 1:40 PM
Entry Description
On July 19, 2012, the State charged Byron Tinker with one Class D felony and three Class A misdemeanors. On Feb. 19, 2015, Tinker filed a motion to dismiss pursuant to Criminal Rule 4(C), because he had not been brought to trial within one year. The trial court denied Tinker's motion in a CCS entry that indicated only that Tinker's objection was "untimely filed."
In this interlocutory appeal, Tinker asserts that the trial court assigned periods of time to him that should have counted against the State for Rule 4(C) calculations, and the State asserts that we should remand for the trial court to clarify why it assigned some periods of delay to Tinker. We request the parties to be prepared to discuss our standard of review, whether remand for clarification is an available remedy in this context, and whether unexplained periods of delay ought to be assigned to the State.

Old Vanderburgh County Courthouse
201 N.W. Fourth St.
Evansville, IN 47708

The scheduled panel is Judge Baker, Judge Najam and Judge May.
Contact Information:
Name: Martin DeAgostino
Phone: 317-234-4859
Entry Type:
Entry Category:
  • Oral Arguments
  • Category:
  • Government
  • Agency Name
    Courts, Indiana

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