Legal Opinion

Wilson v. State

Indiana Court of Appeals

Decided April 26, 1977No. 3-875A185PublishedCited by 12 opinions

1Opinion of the CourtGarrard, J.

This is a speedy trial case arising under Indiana Rules of Procedure, Criminal Rule 4(C) as it existed prior to the 1974 amendments. See, Moreno v. State (1975), 166 Ind. App. 441, 336 N.E.2d 675. We find it was error for the court to deny Wilson’s motion for discharge.

Wilson was arrested on a charge of theft and released on recognizance in April 1973. At that time CR. 4(C) provided,

“No person shall be held by recognizance to answer an indictment or affidavit, without trial, for a period embracing more than one year continuously from the date on which a recognizance was first taken therein;…

2Cases cited13 opinions

  1. Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
  2. Bryant v. StateIndiana Supreme Court · 1973
  3. Zehrlaut v. StateIndiana Supreme Court · 1951
  4. Moreno v. StateIndiana Court of Appeals · 1975
  5. Cooley v. StateIndiana Court of Appeals · 1977

8 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Pillars v. StateIndiana Court of Appeals · 1979
  2. Martin v. StateIndiana Court of Appeals · 1981
  3. Bowman v. StateIndiana Court of Appeals · 2008
  4. State v. TomesIndiana Court of Appeals · 1984
  5. Butts v. StateIndiana Court of Appeals · 1989

7 more not listed; retrieve them via the Exa API.

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