Curtis v. StateAnnotate this Case
Alva Curtis, a fifty-nine year-old man with a developmental disability, was arrested and charged with residential entry, battery, and criminal mischief. The trial court denied Curtis's motion to dismiss. The court of appeals reversed, finding the pending criminal charges violated Curtis's right to due process. The Supreme Court reversed and remanded, holding Curtis was entitled to dismissal under Indiana Criminal Rule 4(C), which provides that a defendant may not be held to answer a criminal charge for greater than one year, because the days that count toward Rule 4(C) in this case exceeded 365. The Court also held (1) that Curtis waived his constitutional speedy-trial claims because he failed to raised the claims for the first time on appeal, and (2) Curtis did not have a valid due process claim on fundamental-fairness grounds where, under State v. Davis, the trial court had not involuntarily committed the defendant or made an appropriate finding that Curtis will never be restored to competency.