Friday, September 02, 2011

Order For Trial Date and Ruling on Criminal Rule 4A for Brewington Case

Filed AUG 26 2011

STATE OF INDIANA
COUNTY OF DEARBORN
STATE OF INDIANA,
Plaintiff
DEARBORN SUPERIOR COURT II
CAUSE NO. 15D02-1103-FD-084
VS
DANIEL BREWINGTON,
Defendant

ORDER SETTING TRIAL
COMES NOW THE COURT on its own Motion and FINDS as follows:
1. The Defendant has been incarcerated on these charges since on or about
March 11, 2011 with no continuances being made on his motion or delays
caused by his acts.
2. This matter had been previously set for Jury Trial to commence on Aug.
17, 2011 which would have been within the six month time frame outlined
in Indiana Criminal Rule 4(A).
3. The Court FINDS that the family emergency of defense counsel which
required counsel to be away from his office and work for the two weeks
prior to that previous jury setting to be an emergency under Indiana
Criminal Rule 4(A). Due to this emergency, the Defendant shall not be
released from custody without posting bail prior to trial.
4. This matter shall be set for Final Pretrial Conference on September 19,
2011 at 1:00 p.m. with Jury Trial to commence on October 3, 2011 at 9:00
a.m.
5. Exchange of information, including witness and exhibit lists, shall be
completed within seven (7) days of this order.
6. Any Motions in Limine shall be filed by September 5, 2011

ALL OF WHICH IS ORDERED this 23 rd day of August, 2011.

BRIAN D. HILL, Special Judge
Dearborn Superior Court II

Distribution:
Dearborn Superior Court Clerk
Honorable Brian D. Hill
Prosecuting Attorney
Bryan E. Barrett

1 comment:

ScarletPatriot said...

This is an utter disgrace. The court finds that the family emergency of an incompetent attorney is grounds to violate his right to a speedy trial? What about the Judge that two months to recuse himself? I believe the Judge and the Attorney's that caused all these delays need to be held accountable for their, costly delays and once again the justice system owns the taxpayers the cost for keeping this man in prison, and causing delay after delay. The Judge should reimburse the county for two months of cost to imprison Dan, and the attorney should pay for the two weeks of delay he caused. I wish they would stop wasting our money on this vendetta!