Mickey Cundiff v. State of Indiana, 2012 Ind. LEXIS 377

December 19, 2009 police stop; breath test showed .12 BAC.
December 21, 2009 probable cause for arrest; charged with one felony and three misdemeanors (Cause FD-889).
January 11, 2010 release on FD-899 after posting bond.
Between release and March 15, 2010, Cundiff was incarcerated for probation revocation (Cause FD-190).
March 15, 2010 Cundiff filed Criminal Rule 4(B) speedy-trial motion in Cause FD-899; trial court denied; bench trial followed; conviction on FD-899; Court of Appeals affirmed; Indiana Supreme Court granted transfer and affirmed denial of Rule 4(B) relief.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Rule 4(B) applies when jailed for an unrelated offense.	Cundiff contends Rule 4(B) applies; note Poore supports broader application.	State argues Rule 4(B) requires incarceration on the pending charge for which speedy trial is sought	Rule 4(B) not applicable; not incarcerated on the pending charges.

Poore v. State, 685 N.E.2d 36 (Ind. 1997) (limits Rule 4(B) to pending-charge incarceration; guides application here)
Fossey v. State, 254 Ind. 173, 258 N.E.2d 616 (Ind. 1970) (Rule 4(B) not abandoned when jailed for other reasons)
Gill v. State, 267 Ind. 160, 368 N.E.2d 1159 (Ind. 1977) (support that incarceration on pending charge may suffice even if other incarcerations exist)
Jackson v. State, 663 N.E.2d 766 (Ind. 1996) (discussed in Poore context; facts unclear on pending-charge incarceration but relevant to Rule 4(B) applicability)
Mork v. State, 912 N.E.2d 408 (Ind. Ct. App. 2009) (recognizes Poore-based view on incarceration tied to pending charges)