Clark v. State

I respectfully dissent. In holding that Clark's motion for discharge was properly denied, the majority expressly declines to follow the opinion of this court in Raber v. State (1998), Ind.App., 622 N.E.2d 541, and concludes the trial court did not abuse its discretion when it continued Clark's scheduled trial date of January 7, 19983, "[dJue to congestion of Court's calendar." Record at 12. I believe, as in Raber, that the record before us is inadequate to determine whether the trial court abused its discretion.

There are two basic constitutional rights at issue in this case. First, the right…