ILNews

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

Back to TopCommentsE-mailPrint

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.

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
ADVERTISEMENT