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Justices accept case that divided COA on state's abilty to appeal

May 14, 2012

The Indiana Supreme Court has taken a case in which the state appealed the grant of a motion to correct error. A split Indiana Court of Appeals concluded that the state could only appeal a denial of a motion to correct error.

Elvis Holtsclaw moved to suppress the chemical tests that supported his drunk-driving charges. The trial court granted the motion; the state then filed a motion to correct error. The trial court denied that motion.

Judges L. Mark Bailey and Carr Darden relied on the language of Indiana Code 35-38-4-2 to dismiss the state’s appeal. Judge John Baker dissented, writing that nothing in that statute stated or implied that Appellate Rule 9 shouldn’t apply to appeals initiated by the state.

The case is State of Indiana v. Elvis Holtsclaw, No. 49S02-1205-CR-264.

The justices also denied transfer to 15 cases, including Augustus Mendenhall v. State of Indiana, No. 29A02-1104-CR-353, involving the man who attacked Rep. Ed DeLaney, R-Indianapolis, in 2009. The judges found Augustus Mendenhall’s Class A felony conviction of robbery resulting in serious bodily injury and Class B felony conviction of aggravated battery violate Indiana’s prohibition on double jeopardy. They ordered the robbery conviction be reduced to a Class C felony.


The Supreme Court also declined to take Bei Bei Shuai v. State of Indiana, No. 49A02-1106-CR-486, in which Bei Bei Shuai appealed her murder and attempted feticide charges.

 

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