State v. Penwell

I respectfully dissent. I believe the State fell asleep at the switch here, and that the delay in setting a trial date for Penwell after the United States Supreme Court denied her petition for certiorari is chargeable to the State.

First, I do not believe this was a case in which the defendant moved for an “indefinite continuance,” such as where the defendant moves for a continuance in order to pursue plea negotiations with the State. See State v. McGuire, 754 N.E.2d 639, 642 (Ind.Ct.App.2001), tram, denied. Here, although the precise date on which the Supreme Court would rule on Penwell’s…