Monday, May 14, 2012
Ind. Decisions - Transfer list for week ending May 11, 2012
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Here is the Clerk's transfer list for the week ending Friday, May11, 2012. It is two pages (and 16 cases) long.
One transfer was granted last week:
- State of Indiana v. Elvis Holtsclaw - This is a 2-1, Feb. 2, 2012 COA opinion dismissing the State's appeal as untimely. From the opinion:
The trial court granted Holtsclaw’s motion to suppress on May 23, 2011. The State filed its notice of appeal of this order on August 18, 2011, well after the thirty day deadline. The State’s appeal is therefore untimely and must be dismissed. See Ind. App. R. 9(A)(5) (“Unless the Notice of Appeal is timely filed, the right to appeal shall be forfeited”). Dismissed.
[From the dissent] I respectfully dissent, and part ways with the majority’s decision to dismiss this appeal. More specifically, I cannot agree that Indiana Code section 35-38-4-2 precludes the State from appealing the trial court’s denial of its motion to correct error in this instance.
Posted by Marcia Oddi on May 14, 2012 12:15 PM
Posted to Indiana Transfer Lists