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Justices reverse COA, hold state’s appeal timely

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The Indiana Supreme Court on Monday reversed a divided Court of Appeals panel’s dismissal of an appeal of suppression of evidence in a drunken-driving case.

The justices held that the 30-day deadline in Appellate Rule 9 for filing a notice of appeal when a party files a motion to correct error applies to the state in a criminal case.

The Court of Appeals in State of Indiana v. Elvis Holtsclaw, 49S02-1205-CR-264, agreed with Elvis Holtsclaw’s argument that the court lacked jurisdiction to hear the state’s appeal of suppression of breath tests after a car wreck that led to the filing of drunken-driving charges. The Court of Appeals dismissed the state’s appeal.

“Appellate Rule 9 states that “if any party files a timely motion to correct error, a Notice of Appeal must be filed within thirty (30) days after the court’s ruling on such motion ... or thirty (30) days after the motion is deemed denied ... whichever occurs first,” Justice Mark Massa wrote for the unanimous court.

“The state is undoubtedly a party, and Holtsclaw concedes that the state’s June 21, 2011 motion to correct error was timely. The trial court denied that motion on July 25, 2011. Pursuant to Appellate Rule 9, the state then had until August 24 — thirty days “after the court’s ruling on such motion” — to file its notice of appeal. The state filed its notice of appeal on August 19, well in advance of that deadline. Thus, the appeal is timely,” Massa wrote.

“We remand this case to the Court of Appeals for consideration of the merits of the State’s appeal.”    
 



 

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  1. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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