State v. Black, 947 N.E.2d 503

Black was charged with multiple offenses including cocaine dealing, marijuana possession, and a firearm by a serious violent felon, with an alleged habitual-offender status raised in an amended information.
A standing discovery order existed; discovery issues arose regarding drug-analysis records and lab results; the State later transmitted the results to defense counsel.
On August 16, 2010, the court considered delaying evidence exclusion and granted a continuance, charging the delay to the State and setting a trial date.
The trial date was set for November 23, 2010 (later moved to November 16, 2010), outside the one-year Criminal Rule 4(C) period (Oct 22, 2009 to Oct 22, 2010).
Defense counsel did not object to the November 2010 trial date; the CCS later shows a reset by agreement for 11/16/10.
Black moved for discharge under Criminal Rule 4(C); the trial court discharged him, and the State appealed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Black waived Crim. Rule 4(C) discharge rights	State: Black acquiesced; failure to object waived 4(C) claim	Black: delay due to State; no waiver due to acquiescence	Waiver found; discharge reversed and remanded

Delph v. State, 875 N.E.2d 416 (Ind.Ct.App.2007) (waiver when defendant aware of delay yet fails to object)
Isaacs v. State, 673 N.E.2d 757 (Ind.1996) (one-year period begins at filing/arrest; extensions by defendant delay encouraged)
Brown v. State, 725 N.E.2d 823 (Ind.2000) (purpose of Rule 4 is early trials; acquiescence defeats discharge)
Marshall v. State, 759 N.E.2d 665 (Ind.Ct.App.2001) (discharge proper when delays are not defendant-caused; but not controlling when beyond period)
Biggs v. State, 546 N.E.2d 1271 (Ind.Ct.App.1989) (discovery delays charged to State to promote justice)