Legal Opinion

State v. Nix

Indiana Court of Appeals

Decided September 7, 2005No. 92A05-0502-CR-108Published

1Opinion of the Court

OPINION

DARDEN, Judge.

STATEMENT OF THE CASE

The State, pursuant to Indiana Code section 35-48-4-2(2), appeals the trial court's grant of Fred L. Nix's motion for discharge under Indiana Criminal Rule 4(C).

We affirm.

ISSUE

Whether the trial court erred in granting Nix's motion for discharge under Indiana Criminal Rule 4(C).

FACTS

On February 26, 2008, Whitley County Sheriff Jason Spencer witnessed Nix driving a passenger vehicle in excess of the posted speed limit. Spencer conducted a traffic stop of Nix. That traffic stop led to an arrest of Nix and criminal charges being filed against him. On…

2Cases cited3 opinions

  1. Cook v. StateIndiana Supreme Court · 2004
  2. State v. ErleweinIndiana Court of Appeals · 2001
  3. State v. BarlowIndiana Court of Appeals · 1979

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