State v. Bradfield

973 S.W.2d 937, 1997 Tenn. Crim. App. LEXIS 576
CourtCourt of Criminal Appeals of Tennessee
DecidedJune 24, 1997
StatusPublished
Cited by16 cases

This text of 973 S.W.2d 937 (State v. Bradfield) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Bradfield, 973 S.W.2d 937, 1997 Tenn. Crim. App. LEXIS 576 (Tenn. Ct. App. 1997).

Opinion

OPINION

JONES, Presiding Judge.

The appellant, Ronnie Bradfield (defendant), was convicted of attempted first-degree murder, a Class A felony, carrying a firearm during judicial proceedings, a Class E felony, and possession of a firearm after being convicted of a felony, a Class E felony, by a jury of his peers. The trial court, finding the defendant was a persistent offender, imposed a Range III sentence consisting of confinement for sixty (60) years. As to the remaining two offenses, the trial court found the defendant was a multiple offender and imposed a Range II sentence of four (4) years for each offense. In this Court, the defendant raises a multitude of issues. After a thorough review of the record, the briefs submitted by the parties, and the law governing the issues presented for review, it is the opinion of this Court the judgment of the trial court should be affirmed.

On March 25, 1993, the defendant was convicted of three counts of second-degree murder in Division II of the Criminal Court for the Thirtieth Judicial District. The trial court held a sentencing hearing on May 20, 1993. The defendant was sentenced to serve nine (9) years in the Department of Correction in each case. The trial court revoked the defendant’s bail and he was taken into custody.

The defendant was taken to a detention area adjacent to the courtroom. A courtroom door permitted ingress and egress between the courtroom and the detention area. Deputy Spencer Edwards, a courtroom bailiff, ordered the defendant to remove the contents from his pockets. The defendant complied and sat down. Deputy Edwards told him to stand because he had to search the defendant’s body. While Deputy Edwards was standing over the defendant, the defendant removed a pistol from his shoe. A struggle ensued. Another courtroom bailiff, Deputy Ron Ray, heard the struggle and went to the detention area. He immediately tried to take the pistol from the defendant’s [942]*942hand. The defendant bit Deputy Ray’s arm the first two times he attempted to take the pistol. He was able to wrestle the pistol from the defendant on the third attempt. The defendant quit struggling once the pistol was taken from him.

Since the defendant had previously been in the courtroom for the sentencing hearing, he was charged and indicted for the offense of carrying a firearm during a judicial proceeding. The defendant had also previously been convicted of a felony. He was also charged and indicted for possessing a firearm after being convicted of a felony.

I.

The defendant contends his right to a speedy trial was denied. He further contends the trial court erroneously failed to dismiss the charges against him because the state failed to prosecute.

The crimes in question occurred on May 20, 1993. The defendant’s trial in this case lasted two days. It commenced on September 11, 1995 and concluded on the following day. The defendant’s case was reset and continued many times. Most of the continuances were attributable to the defendant’s actions. The record indicates the cause was reset seven times at the request of the defendant, never at the request of the state. This, however, does not tell the whole story. The transcript of the pre-trial proceedings indicates the cause was delayed eighteen times due to the actions of the defendant and once for the prosecution when a witness was out of town.1

A total of 844 days elapsed between the crime and the first day of trial. This Court estimates 563 days of the delay is directly attributed to the defendant; 79 days of the delay can be attributed to the state’s continu-[943]*943anee. The actions of the defendant accounted for approximately 67 percent of the time between the crime and the trial; the state’s lone continuance accounted for nine percent of the time. The remaining time can be attributed to the court’s management of its calendar.2

To determine whether an appellant’s right to a speedy trial has been violated, this Court must consider four factors: 1) the length of the delay, 2) the reason for the delay, 3) whether the defendant asserted his right to a speedy trial, and 4) whether the defendant was prejudiced by the delay. Barker v. Wingo, 407 U.S. 514, 530, 92 S.Ct. 2182, 2192, 33 L.Ed.2d 101 (1972); State v. Vance, 888 S.W.2d 776, 778 (Tenn.Crim.App.1994).

As stated above, 844 days elapsed between the date of the crime and the defendant’s trial. The overwhelming majority of the time is directly attributed to the actions of the defendant. The defendant did assert his right to a speedy trial. Therefore, the only question which remains is whether the defendant suffered prejudice, the most important factor in our consideration. State v. Vance, 888 S.W.2d at 778.

As a result of the delay, the defendant contends three witnesses could not be called to testify; two could not be located and the third witness died.

The defendant has yet to offer the content of the three witnesses’ testimony. The defendant stated at one of the motion hearings two of the missing witnesses were in the courtroom the day of the incident and that the third helped him get ready for court before he left home. We know nothing more of the defendant’s missing witnesses. The defendant has failed to demonstrate prejudice.

Additionally, after the death of James Downey, one of the missing witnesses, the defendant delayed the proceedings eight times, causing a delay of 264 days. After he filed his motion to dismiss for failure to prosecute, he delayed the proceedings six times, causing a delay of 245 days.3 The defendant may not complain of the two-year delay between his initial court appearance and his trial when he has failed to demonstrate prejudice and is responsible for the bulk of that delay, much of which he caused after the alleged prejudice he insufficiently asserts.

This issue is without merit.

II.

The defendant appears to argue his self-representation was impaired because he was not released on bail. The defendant, over the advice of three trial judges, chose to represent himself. He understood the perils of self-representation and was specifically made aware that his ability to investigate his case would be impaired by his incarceration.

On August 23, 1993, the defendant appeared before Judge Lockard and inquired who was responsible for prosecuting his case. The judge informed him he would have to contact the District Attorney General’s Office to learn that information. The defendant complained he was unable to call them as he was incarcerated. Judge Lockard informed the defendant that this was one of the problems with self-representation.

The defendant’s defense was likely impaired by his incarceration; however, he was repeatedly offered appointed counsel. There is no right to the effective assistance of pro se counsel; the trial court was under no duty to release him on bail merely because the defendant opted to forego the assistance of a trained lawyer capable of investigating the defendant’s case. Faretta v. California, 422 U.S. 806, 834, 95 S.Ct. 2525, [944]*9442541, 45 L.Ed.2d 562 n. 46 (1975).

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Bluebook (online)
973 S.W.2d 937, 1997 Tenn. Crim. App. LEXIS 576, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-bradfield-tenncrimapp-1997.