State v. Holtsclaw
961 N.E.2d 1026
Ind. Ct. App.2012Background
- April 13, 2010, State charged Holtsclaw with multiple OVI-related offenses after investigation and chemical tests.
- November 3, 2010, Holtsclaw moved to suppress chemical test results.
- Hearing on suppression held February 8, 2011; suppression granted May 23, 2011.
- June 21, 2011, State filed motion to correct error; trial court denied July 25, 2011.
- August 16, 2011, State dismissed all charges; August 18, 2011, State filed notice of appeal.
- State appeals both the suppression order and the denial of the motion to correct error; issue is timeliness of the appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the State’s appeal was timely. | Holtsclaw argues no authority to appeal denial of correction error. | Holtsclaw contends the State's appeal is untimely under rules governing appeals. | Appeal untimely; dismissal affirmed. |
Key Cases Cited
- State v. Hunter, 904 N.E.2d 371 (Ind.Ct.App.2009) (grant of suppression is appealable as final judgment)
- State v. Snider, 892 N.E.2d 657 (Ind.Ct.App.2008) (suppression order precludes further prosecution; final judgment)
- State v. Gradison, 758 N.E.2d 1008 (Ind.Ct.App.2001) (state may appeal in specific enumerated circumstances)
- State v. Peters, 637 N.E.2d 145 (Ind.Ct.App.1994) (statutory right to appeal exists only with legislature grant)
- State v. Pease, 531 N.E.2d 1207 (Ind.Ct.App.1988) (strict construction of state's appellate rights)
- State v. Sierp, 260 Ind. 57, 292 N.E.2d 245 (1973) (historical context of state appeals)