Cundiff v. State
Annotate this CaseIn this case, the State filed charges against Defendant, and after a brief period of incarceration, Defendant was released. Shortly after his release, Defendant was again incarcerated but on a probation-revocation case. While he was incarcerated on the probation-revocation case, Defendant filed a Ind. R. Crim. P. 4(B) motion requesting a speedy trial on the pending charges. The trial court denied the motion. The Supreme Court affirmed, holding (1) Rule 4(B) is available to a defendant only when the defendant is held on the pending charges for which he requests a speedy trial; and (2) accordingly, Rule 4(B) was not available to Defendant on the pending charges for which he sought a speedy trial because he was not incarcerated on those charges.
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