Bryan N. Myers v. State of Indiana (mem. dec.), 17A04-1510-CR-1688

Myers was charged in DeKalb County with four class A felony drug-dealing counts (two two-count causes) after already facing a Wabash County possession charge; DeKalb arrest warrants were issued June 6, 2014 and faxed to Wabash County that day.
Wabash officer arrested Myers on June 6, 2014, presented the DeKalb warrants, and jailed him in Wabash; the officer signed the warrants as served but the clerk/returns were not filed in DeKalb.
Myers remained incarcerated in Wabash for ~11 months; DeKalb prosecutors and court did not learn of his incarceration on their warrants until mid-May 2015 (via conversations with local law enforcement), after which DeKalb filed for transportation and held an initial hearing June 8, 2015.
Myers filed a Criminal Rule 4(C) motion for discharge (June 26, 2015) arguing the one-year Rule 4 clock began on his June 6, 2014 arrest; the trial court initially denied the motion without an evidentiary hearing, this Court reversed and remanded for a hearing.
After an evidentiary hearing the trial court found DeKalb lacked actual knowledge of Myers’s whereabouts until May 15, 2015 and denied discharge; on appeal the Court of Appeals affirmed, holding Myers failed to prove the Rule 4 clock began before May 15, 2015.

Issue	Plaintiff's Argument	Defendant's Argument	Held
When did the Criminal Rule 4(C) one-year clock begin to run?	Myers: clock began June 6, 2014 — he was arrested on DeKalb warrants that day.	State: clock did not run until DeKalb prosecutor/court had actual knowledge of his incarceration (May 15, 2015); delay not attributable to State.	Court: clock began when DeKalb learned of his incarceration (May 15, 2015); Myers failed to show DeKalb had notice earlier, so discharge denied.

Austin v. State, 997 N.E.2d 1027 (Ind. 2013) (standard of review and purpose of Rule 4 analyzed)
Feuston v. State, 953 N.E.2d 545 (Ind. Ct. App. 2011) (affirming denial where prosecutor/court lacked knowledge of incarcerated defendant in another county)
Caldwell v. State, 922 N.E.2d 1286 (Ind. Ct. App. 2010) (reversed denial where events occurred within single county and clerk failed to forward warrant)
Fuller v. State, 995 N.E.2d 661 (Ind. Ct. App. 2013) (Rule 4(C) promotes early trials, not forfeiture of prosecution)
Wood v. State, 999 N.E.2d 1054 (Ind. Ct. App. 2013) (State has duty to bring defendant to trial; defendant need not remind court)
Arion v. State, 56 N.E.3d 71 (Ind. Ct. App. 2016) (distinguished; there trial court and State were aware of defendant’s whereabouts)