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Court of Appeals of Indiana. Transfer Denied January 31, Sargent Visher, Indianapolis, for appellant. John Payne Payne appeals his jury trial convictions of robbery as a class B felony, resisting law enforcement, and the determination that he is an habitual offender.
Payne presents two issues for our review, which we restate as follows: A police officer who happened to be across the street noticed the suspect running from the store. The officer gave chase, radioed for assistance, and ordered the suspect to stop.
The suspect fled by car for a short distance, then exited the car and headed west in the direction of Capitol Avenue. Officers apprehended Payne as he walked along Capitol Avenue a few blocks from the scene of the robbery.
The officer who initially gave chase identified Payne as the person whom he saw running from the store. The store clerk also identified Payne as the robber during a show-up identification.
On January 14,the State charged Payne by information with robbery as a class B felony and resisting law enforcement. On February 5,the State amended its information to add a charge of robbery as a class C felony.
This additional count alleged the same act as alleged in the B felony account except that use of a deadly weapon was omitted. On April 6,the trial court set the trial date for May 10, On May 7, the trial court vacated the May 10 date due to a congested calendar, resetting the trial for June 21, Subsequently, the trial court vacated and reset trial dates four more times, each time due to a congested calendar.
On November 8, however, the State declined prosecution and the trial court ordered all counts against Payne dismissed.
Two days later, on November 10, Payne filed a second motion for an early trial. On November 17, the trial court set a trial date for December 27, On December 2, Payne filed a motion for discharge pursuant to Ind.
Rule 4 Bwhich the trial court denied. The jury then heard evidence regarding the habitual offender count, at the conclusion of which it found Payne to be an habitual offender. The right to an early trial is expressed in Crim.
Any continuance granted due to a congested calendar or emergency shall be reduced to an order, which order shall also set the case for trial within a reasonable time.
Seventy days from January 21 is April 1. Therefore, Payne contends that the trial court should have tried him by April 1 instead of continually resetting his trial due to "court congestion.
State Ind. Likewise, a defendant may challenge the propriety of a continuation made under the auspices of a "congested calendar".
Indeed, our Supreme Court has determined that the delay must be reasonable and that the reasonableness of such a delay must be judged in the context of the particular case.
Loyd, supra, N. State 1st Dist.
Upon appeal, parties have also focused upon the sufficiency of the record evidencing a congested calendar. Payne's argument here strikes at the very heart of the congested calendar exception, contending that we must determine whether the congested calendar exception "is so large as to be allowed to swallow the balance of [Crim.
Payne also maintains that a congested court is hardly an "open court" in the context of Indiana's constitution, see Ind. Payne also attacks the fact that there is a lack of a factual basis in the record for us to determine whether a delay due to calendar congestion was indeed reasonable.
Such an argument centers around the fact that the trial court's orders resetting trial here merely state that the rescheduling is due to a congested calendar without specifically mentioning priority or whether the resetting is a first, second, third, etc.
The record here reveals some discussion of other cases set for trial that apparently enjoyed priority. Nevertheless, Payne is correct in pointing out that the record does not disclose whether the competing cases went to trial, whether there were speedy trial motions in those cases, or whether those motions preceded his.
As a general proposition it would seem that a congested calendar excuse for not bringing a defendant to trial is only appropriate for inability to make an initial trial setting. As a reason for continuing a trial date already set, it is valid only if the trial being continued is a first choice setting and there are reasons why the trial cannot proceed on that date.
State 5th Dist.Payne v Cave  - Calling for bids is usually an invitation to treat and when someone make a bid that person is making an offer, which the auctioneer can either accept or reject. Barry v Davies  - Where there is no reserve calling for bids is an offer.
Why is this? It is because the auctioneer binds himself to accept the highest bid. Read this essay on Case Review Payne V Cave.
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In this landmark case, Fourth Amendment protections were incorporated into the Due Process Clause of the Fourteenth Amendment.
LAW CASE REVIEW CASE: PAYNE heartoftexashop.com SUBMITTED TO: Dr. Siti Salwani Razali SUBMITTED BY Abdullah Md Mohabbat Abdul Wasey Faheem (Section: 3) FACTS OF THE CASE The defendant had made the highest bid in an auction.
|Case Overview | Casebriefs - Part 96||The order relates to a little girl, S, who has just attained the age of four.|
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