Legal Opinion

Damien D. Murphy v. State of Indiana

Indiana Court of Appeals

Decided October 31, 2018No. Court of Appeals Case 79A05-1709-CR-2319Published

1Opinion of the Court

Pyle, Judge.

Statement of the Case

[1] In this interlocutory appeal, Damien Murphy ("Murphy") appeals the trial court's denial of his motion to dismiss two petitions to revoke his probation, which were both filed after his probationary period had ended. He argues that the trial court does not have authority to hold a revocation hearing and make a final determination on any allegation within the revocation petitions because the trial court did not toll his probation pursuant to the tolling provision in the probation revocation statute.

[2] We conclude that the tolling provision in the revocation…

2Cases cited6 opinions

  1. Dawson v. StateIndiana Court of Appeals · 2001
  2. Slinkard v. StateIndiana Court of Appeals · 1993
  3. Jennifer L. Frink v. State of IndianaIndiana Court of Appeals · 2016
  4. Joshua T. Trammell v. State of IndianaIndiana Court of Appeals · 2015
  5. Hayes v. StateIndiana Court of Appeals · 1992

1 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API