
08-02-2006, 10:10 AM
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Junior Member
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Join Date: Aug 2006
Posts: 3
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due process continued
me, this seems to be a touchy subject in the indiana appeals court, there are only 3 similar cases that petain to this sence 1984, one was reversed and 2 were affrmed. the other 2 are not that similar, the one that relates more to mine is the one that was reversed in 1984 scott v state in 1984. I am sure I am about to be locked up again for 3 years for a D felony. I was incarcerated for 3 and a half years in the indiana department of corrections I lived within 25 miles of where this warrant was out of, they tried to serve the warrant at my brothers house in nov 1999, and was told by them I was incarcerated in prison, nothing was ever done untill I got stoped in 2006 almost 7 years after the warrant was issued, in their discovery they do say they knew I was in jail, the staute of limitations for this is 5 years but of course was tolled when the warrant was issued in 1999. I have read that this motion is rarely granted in the trial court. most is based on a us case blakely v US. I am not sure if I appeall this to do it as a due process volation or speedy trial. I am driving myself nuts with this I strongly fee it should be dimissed, but because of being a small county it will not be, I am about to lose all I have again and get out with nothing, anyone have any comments on this?????
Last edited by dly : 08-02-2006 at 10:12 AM.
Reason: spelling
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