Timothy L. Hahn, Appellant-Defendant,
State of Indiana, Appellee-Plaintiff.
from the Delaware Circuit Court The Honorable Linda Ralu
Wolf, Judge Trial Court Cause No. 18C03-1310-FB-40
ATTORNEY FOR APPELLANT Samuel J. Beasley Muncie, Indiana
ATTORNEYS FOR APPELLEE Gregory F. Zoeller Attorney General of
Indiana Ian McLean Deputy Attorney General Indianapolis,
Timothy L. Hahn appeals his conviction for aggravated battery
as a class B felony. Hahn raises three issues which we revise
and restate as:
I. Whether the trial court improperly denied his motion for
discharge under Ind. Criminal Rule 4(B);
II. Whether the trial court abused its discretion in denying
Hahn's motion to dismiss based on Indiana's
successive prosecution statute; and
III. Whether the trial court erred in refusing Hahn's
proposed jury instructions regarding the definitions of
accomplice liability and attempt.
and Procedural History
On August 30, 2013, Kaley Mooney and her boyfriend, Sam
Bright, were at Gene's Bar in Muncie, Indiana. Doug and
Sheila Shaw lived across a parking lot that was adjacent to
the bar and were outside with Sheila's sister, Brandy,
and Brandy's husband, Joshua Ireland.
As Mooney and Bright were leaving the bar, Hahn pulled his
car into a parking space and Mooney and Bright and the Shaws
heard arguing coming from the parked car. Hahn "was
hitting on the girl" and "[p]ulling her hair and
stuff in the front seat." Transcript at 287. Hahn and
the woman in the passenger seat, Renee Ruble,  exited the car. While Hahn and Ruble were
arguing, the Shaws "hollered over, " informing Hahn
not to put his hands on the woman. Id. at 120. Hahn
cursed and yelled, and he and Ruble told the Shaws that they
needed to mind their own business.
Sheila walked off the porch with nothing in her hands and
argued with Ruble. Doug walked off the porch and approached
the scene without a weapon. Ruble swung and hit Sheila,
knocking her to the ground. Hahn entered onto the Shaws'
yard and started swinging a woman's purse at Doug.
After the purse straps broke, Hahn told Doug "I've
got something for you, " walked over to the car,
retrieved a baseball bat, returned to the scene, started
swinging it at Doug, and made contact. Id. at 311.
Mooney called 911 at 11:32 p.m. Hahn swung the bat
"probably a good ten (10) times" and made contact
with Doug "probably a good four (4) or five (5) times
for sure." Id. at 86. Doug was defending
himself and had his arms up a few times trying to block
himself from being hit by the bat. He turned and lifted his
leg, but eventually fell back. Sheila yelled at Hahn to stop.
Doug suffered a gash on his left arm, a cut by his left eye,
bruising, and fractures in his arm and leg. Hahn and Ruble
entered the car and "took off." Id. at 88.
Muncie Police Officer Gregory Skaggs received the dispatch
regarding a fight in progress at the bar as well as a
description of Hahn's vehicle. Officer Skaggs observed a
vehicle matching that description and followed Hahn's
vehicle for "[a]t the most maybe a couple of
minutes." Id. at 159. Officer Skaggs then
initiated his emergency lights and siren, Hahn's vehicle
stopped, Officer Skaggs stopped, and then Hahn's vehicle
started going again and made two different turns before
eventually stopping again.
Officer Skaggs waited for backup to arrive given the nature
of the call, and Officer Mike Nickens arrived. Hahn was angry
and verbally abusive toward the officers and told them that
they beat him and that they planted stuff on him just to take
him to jail. The officers arrested him for battery and
failing to stop.
On September 4, 2013, the State charged Hahn with battery by
means of a deadly weapon as a class C felony under cause
number 18C03-1309-FC-27 ("Cause No. 27"). On
September 9, 2013, the court held an initial hearing, Hahn
requested a speedy trial and a public defender, and the court
scheduled a jury trial for November 6, 2013. On September 19,
2013, Hahn filed a motion to reduce his $20, 000 bond, which
the court later denied. On October 2, 2013, Hahn posted bond.
On October 7, 2013, the court held a hearing at which
Hahn's counsel appeared, and the jury trial date was
confirmed. On October 9, 2013, Hahn's bonding company
moved to void his bond, and the court granted the motion the
same day. On October 17, Hahn was erroneously released from
jail and was returned to jail on October 29, 2013.
On October 29, 2013, the trial court granted the State's
motion to dismiss Cause No. 27, and, on that same day, the
State charged Hahn under cause number 18C03-1310-FB-40
("Cause No. 40"), the cause from which this appeal
arises, with Count I, aggravated battery as a class B felony,
Count II, resisting law enforcement as a class D felony, and
Count III, operating a vehicle while intoxicated endangering
a person as a class A misdemeanor.
On November 14, 2013, an initial hearing was held at which
Hahn appeared without counsel and stated that these charges
and the evidence to support them were submitted in August
when he was originally charged with a class C felony, that at
that time he invoked his right to a fast and speedy trial,
that he was scheduled for jury trial on November 6th, and
that he was very confused. After some discussion, the court
stated that Cause No. 27 was dismissed without prejudice, and
after further discussion, the court appointed a public
defender, entered a plea of not guilty on Hahn's behalf,
and scheduled an omnibus date of December 5, 2013. Hahn then
asked "Is this in regards to a fast and speedy
ma'am?" Id. at 8. The following exchange
THE COURT: Oh it is. You are well within seventy (70) days by
making that request today. We anticipated that you would make
that request sir.
[Hahn]: Thank you.
THE COURT: Your jury trial is set for January 6, 2014. So
that's within the seventy (70) days of your request
Id. An entry in the chronological case summary dated
November 17, 2013, states in part: "Cause set for speedy
jury trial on January 6, 2014, at 9:00 a.m. at request of
Defendant." Appellant's Appendix II at 9.
On November 22, 2013, a public defender filed an appearance
for Hahn. On December 2, 2013, Hahn filed a Motion for
Continuing Objection, signed by himself, with respect to the
dismissal of Cause No. 27 and the refiling of the information
in Cause No. 40. The same day, the court entered an order
striking Hahn's pro se filing pursuant to Ind. Trial Rule
11 because Hahn was represented by counsel at the time.
On December 5, 2013, Hahn's counsel filed a motion for
continuance of a pretrial conference scheduled for that day
and a motion to withdraw. The court granted the motion to
withdraw. On December 10, 2013, another public defender filed
an appearance for Hahn and filed a motion for a continuance
alleging that he needed additional time to prepare for a
pretrial conference. The court granted the motion to continue
and scheduled a pretrial conference for December 19, 2013.
On December 19, 2013, the court held a pretrial conference in
Cause No. 40 at which Hahn's counsel stated that he would
come in and listen to recordings of certain hearings, and
that he was not going to compromise Hahn's right to have
his trial on January 6, 2014. The court confirmed the January
6 trial date.
On December 30, 2013, the State filed a motion to continue
the jury trial under Cause No. 40, indicated that Hahn had
requested a fast and speedy trial, and requested that Hahn be
released from incarceration. That same day, Hahn filed a
motion to dismiss pursuant to Criminal Rule 4(B) asserting
that he had been "held on a probation violation
allegation in Cause No. 18C02-0812-FA-09 based in large part
on the allegations in [Cause No. 27], which are the same
allegations giving rise to the current charge."
Id. at 56. He also asserted that he "was
apparently mistakenly released from custody by the Delaware
County Jail from approximately October 17, 2013 until October
29, 2013." Id.
At a hearing held that same day, Hahn's counsel argued
that Hahn asked for a speedy trial in August. The court
granted the State's motion to continue, ordered
Hahn's immediate release, scheduled a jury trial for
April 28, 2014, and scheduled a hearing regarding Hahn's
motion to dismiss pursuant to Criminal Rule 4(B).
On January 9, 2014, the State filed a response to Hahn's
motion to dismiss, and on February 20, 2014, the court held a
hearing on the motion. Hahn's counsel asserted that Hahn
requested a speedy trial on September 9, 2013, and that he
was released on October 17, 2013 and was apprehended on
October 29, 2013. On March 21, 2014, the court issued an
order denying Hahn's motion to dismiss, stating in part:
8. An initial hearing was held on [Cause No. 40] on November
14, 2013 in which [Hahn] again requested a fast and speedy
trial. The Court set the jury trial for January 6, 2014
(fifty-four (54) days after he made the request in Cause No.
9. [Hahn] was released from incarceration on December 30,
10. Criminal Rule 4(B) applies only to an accused who is held
in jail. Goudy v. State, 689 N.E.2d 686 (Ind.
1997)[, reh'g denied].
11. In summary, [Hahn] was released from the Delaware County
Jail on October 17, 2013. And then [Hahn] was released within
seventy (70) days of his request on November 14, 2013, said
release from incarceration occurred on December 30, 2013.
Therefore, [Hahn] has no recourse under Criminal Rule 4(B)
because he is not in jail.
Id. at 77.
On September 30, 2015, the State filed a motion to dismiss
Count III, operating a vehicle while intoxicated endangering
a person as a class A misdemeanor, and alleged that there was
a duplicate filing under cause number 18H01-1402-CM-341
("Cause No. 341") and that Hahn had pled guilty
under that cause number on or ...