William T. Calvert v. State of Indiana
14 N.E.3d 818
Ind. Ct. App.2014Background
- On Jan. 19, 2013, then-20-year-old William T. Calvert (an Army private) was arrested for illegal consumption of alcohol by a minor after a neighbor complained of disruptive, noisy youths; a portable breath test indicated alcohol use.
- The State charged Calvert with a Class C misdemeanor; a bench trial was scheduled and rescheduled several times by the court.
- Calvert received military deployment orders indicating deployment to Afghanistan “on or about 16 April 2013.” His counsel notified the prosecutor and later filed multiple continuance motions, attaching official deployment orders.
- The trial court denied a last-minute continuance motion (filed the day before trial) and tried Calvert in absentia on Oct. 4, 2013; Calvert was found guilty and sentenced.
- Calvert appealed, arguing (1) the court erred by trying him in absentia while he was on active military duty and (2) retrial would violate double jeopardy under the Indiana Constitution. The Court of Appeals reversed and remanded for a new trial.
Issues
| Issue | State's Argument | Calvert's Argument | Held |
|---|---|---|---|
| Trial in absentia: whether trying Calvert while he was deployed was error | Court properly denied continuance because motion was filed late and inconvenienced State/witness | Deployment orders made attendance impossible; absence was not voluntary and constituted good cause | Reversed: continuance should have been granted; trying him in absentia was error |
| Double jeopardy: whether retrial is barred under Article 1, §14 of Indiana Const. | Retrial permitted because conviction reversed for trial error (not insufficiency); no prosecutorial conduct intended to goad a mistrial | Prosecutor committed misconduct and showed indifference to Calvert’s right to be present, invoking broader state-constitutional protection to bar retrial | Denied: court declined to expand Kennedy rule; retrial is permitted |
Key Cases Cited
- Lampkins v. State, 682 N.E.2d 1268 (Ind. 1997) (defendant may be tried in absentia only if waiver of presence is knowing and voluntary)
- Fennell v. State, 492 N.E.2d 297 (Ind. 1986) (recognizing defendant’s right to be present at trial)
- Freeman v. State, 541 N.E.2d 533 (Ind. 1989) (discussing waiver of right to be present)
- Brown v. State, 839 N.E.2d 225 (Ind. Ct. App. 2005) (standard of review for in-absentia issues)
- Butler v. State, 724 N.E.2d 600 (Ind. 2000) (discussing Kennedy narrow exception for reprosecution after mistrial)
- Oregon v. Kennedy, 456 U.S. 667 (U.S. 1982) (prosecution intended to ‘goad’ defendant into moving for mistrial is narrow bar to reprosecution)
- Richardson v. State, 717 N.E.2d 32 (Ind. 1999) (double jeopardy principles after mistrial)
- Hastings v. State, 560 N.E.2d 664 (Ind. Ct. App. 1990) (retrial permitted when reversal is not for insufficiency of the evidence)