State of Indiana v. Daniel L. Myers

Vaidik, Chief Judge.

Case Summary

[1] With some exceptions, Criminal Rule 4(C) guarantees a defendant the right to stand trial within one year of arrest or the date charges are filed, whichever is later. If, during the one-year period, the trial court sets a trial date beyond the one-year period, the defendant is obligated to object in time for the court to reset the trial for a date within the one-year period, otherwise he acquiesces to the date. When a defendant fails to object timely, he cannot then move for discharge under Rule 4(C) when the one-year period expires.

[2] In this case, 20 days…