Elvis Holtsclaw v. State of Indiana - 6/28/12

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Thursday  June 28, 2012 
9:00 AM  EST

9 a.m. No. 49S02-1205-CR-264. The Marion Superior Court granted a motion to suppress evidence on May 23, 2011, and denied the state’s motion to correct error on July 25, 2011.  The state filed a notice of appeal on August 18, 2011.  A divided panel of the Court of Appeals dismissed the appeal on grounds the state cannot appeal from the denial of a motion to correct error pursuant to Indiana Code 35-38-4-2 and the notice of appeal was not filed within thirty days of the trial court’s suppression order.

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