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Judges disagree on state's ability to appeal

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The Indiana Court of Appeals issued a divided ruling Thursday on whether the state could appeal the denial of its motion to correct error after the trial court granted a defendant’s motion to suppress evidence. The majority decided the state’s appeal should be dismissed as untimely.

In State of Indiana v. Elvis Holtsclaw, No. 49A02-1108-CR-743, Elvis Holtsclaw moved to suppress the chemical tests that supported his various drunk-driving charges. The trial court granted the motion, after which the state filed a motion to correct error within 30 days. The trial court denied that motion.

After the state dismissed the charges against Holtsclaw, it appealed the order granting the motion to suppress and the order denying the state’s motion to correct error.

In dismissing the appeal, Judges L. Mark Bailey and Carr Darden relied on the language of Indiana Code 35-38-4-2, which they said only confers on the state the authority to appeal an order granting a motion to correct error, not the authority to appeal from the denial of a motion to correct error.

Judge John Baker dissented because he didn’t read I.C. 35-38-4-2 as precluding the state from appealing. He said nothing in that statute stated or implied that Appellate Rule 9 shouldn’t apply to appeals initiated by the state.

“In my view, foreclosing the State from seeking redress through a more direct route, such as filing a motion to correct error in circumstances such as these, is simply not a sound application of the language embodied in Indiana Code section 35-38-4-2,” Baker wrote. “Moreover, I do not believe that our General Assembly intended the result reached by the majority in this circumstance when construing the provisions of Indiana Code section 35-38-4-2 and our court rules. Such a holding effectively elevates form over substance, which we are loathe to do.”

 

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  1. My daughters' kids was removed from the home in March 2015, she has been in total compliance with the requirements of cps, she is going to court on the 4th of August. Cps had called the first team meeting last Monday to inform her that she was not in compliance, by not attending home based therapy, which is done normally with the children in the home, and now they are recommending her to have a psych evaluation, and they are also recommending that the children not be returned to the home. This is all bull hockey. In this so called team meeting which I did attend for the best interest of my child and grandbabies, I learned that no matter how much she does that cps is not trying to return the children and the concerns my daughter has is not important to cps, they only told her that she is to do as they say and not to resist or her rights will be terminated. I cant not believe the way Cps treats people knowing if they threaten you with loosing your kids you will do anything to get them back. My daughter is drug free she has never put her hands on any of her children she does not scream at her babies at all, but she is only allowed to see her kids 6 hours a week and someone has to supervise. Lets all tske a stand against the child protection services. THEY CAN NO LONGER TAKE CHILDREN FROM THERE PARENTS.

  2. Planned Parenthood has the government so trained . . .

  3. In a related story, an undercover video team released this footage of the government's search of the Planned Parenthood facilities. https://www.youtube.com/watch?v=ZXVN7QJ8m88

  4. Here is an excellent movie for those wanting some historical context, as well as encouragement to stand against dominant political forces and knaves who carry the staves of governance to enforce said dominance: http://www.copperheadthemovie.com/

  5. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

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