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Hahn v. State

Court of Appeals of Indiana

December 20, 2016

Timothy L. Hahn, Appellant-Defendant,
v.
State of Indiana, Appellee-Plaintiff.

         Appeal 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, Indiana

          Brown, Judge.

         [¶1] 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.

         We affirm.

         Facts and Procedural History

         [¶2] 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.

         [¶3] 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, [1] 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.

         [¶4] 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.

         [¶5] 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.

         [¶6] 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.

         [¶7] 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.

         [¶8] 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.

         [¶9] 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.

         [¶10] 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 then occurred:

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 today.

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.

         [¶11] 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.

         [¶12] 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.

         [¶13] 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.

         [¶14] 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.

         [¶15] 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).

         [¶16] 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. [40]).
9. [Hahn] was released from incarceration on December 30, 2013.
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.

         [¶17] 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 ...


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