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FOR PUBLICATION

APPELLANT PRO SE: ELLIOTT CUNNINGHAM East Chicago, Indiana

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana MONIKA PREKOPA TALBOT Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
ELLIOTT CUNNINGHAM, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 45A04-0501-CR-4

APPEAL FROM THE LAKE SUPERIOR COURT The Honorable Julie Cantrell, Judge Cause No. 49D09-0411-IF-4263

October 25, 2005 OPINION - FOR PUBLICATION

BARNES, Judge

Case Summary Elliott Cunningham appeals the trial court's judgment finding that he committed speeding, a Class C infraction. We reverse and remand. Issue The dispositive issue we address is whether the trial court properly denied Cunningham's request for a jury trial. Facts The facts most favorable to the trial court's decision are that on October 26, 2004, Lake County Deputy Sheriff Robert Bridgeman observed a vehicle driving in excess of the speed limit. Deputy Bridgeman stopped the vehicle, which was driven by

Cunningham, and issued him a Uniform Traffic Ticket. On November 18, 2004, Cunningham filed three motions on his own behalf: a request for speedy trial, a request for discovery, and a request for jury trial. On

December 7, 2004, Cunningham appeared, pro se, for a bench trial in this matter. At this time, Cunningham again requested a jury trial. The trial court denied his request. On December 13, 2004, the trial court entered a decision in favor of the State and ordered Cunningham to pay fines and court costs in the amount of $96.50. This appeal ensued. Analysis Cunningham argues that the trial court violated his right to a jury trial in a civil case as protected by Article I, Section 20 of the Indiana Constitution. This provision provides: "In all civil cases, the right of trial by jury shall remain inviolate." Indiana Constitution, Art. I,

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