Hornaday v. State

SULLIVAN, Judge.

John Lee Hornaday appeals the denial of his petition for post-conviction relief from his conviction of robbery, a Class B felony. 1 The basis of Hornaday's appeal is that the Marion Superior Court lacked jurisdiction to try the case. This seemingly simple contention presents many issues for our review which we state as:

I. Whether the 70-day time limit pre- ' seribed by Ind.Crim.R. 4(B) runs anew from the filing of a new charge where the State has dismissed and refiled charges against a defendant;

II. whether the 70-day period prescribed by Ind.Crim.R. 4(B) began anew from the…