State v. Larkin

The Supreme Court reversed the judgments of the lower courts dismissing Defendant’s charge of voluntary manslaughter.In dismissing the charge, both of the lower courts found (1) the Criminal Rule 4(C) period within which to bring Defendant to trial had expired, and the delays in bringing him to trial were not attributable to Defendant; and (2) the prosecutorial misconduct in this case required dismissal. The Supreme Court remanded for the trial court to hold a hearing or proceed to trial, holding (1) the delays associated with Defendant’s interlocutory appeal and motion for change of judge were attributable to Defendant, and therefore, he was not entitled to a discharge pursuant to Rule 4(C); and (2) State v. Taylor, 49 N.E.3d 1019 (Ind. 2016), applies in this case, and outright dismissal is not the appropriate remedy for the State’s misconduct. View "State v. Larkin" on Justia Law