State of Indiana, Appellant (plaintiff Below) v. John B. Larkin, Appellee (defendant Below).

Summary

The court held that delays from Larkin's interlocutory appeal and motion for a change of judge were attributable to him, so the Criminal Rule 4(C) period had not expired when he agreed to a trial date. It also held that dismissal was not the proper remedy for the State's misconduct; instead, the trial court had to evaluate each item of evidence for taint and allow the State to rebut the resulting presumption of prejudice beyond a reasonable doubt. The court reversed and remanded for that hearing or for trial under the required evidentiary framework.