Legal Opinion

Clark v. State

Indiana Court of Appeals

Decided December 5, 2011No. 48A04-1104-CR-249PublishedCited by 5 opinions

1Opinion of the Court

OPINION

VAIDIK, Judge.

Case Summary

Linzy C. Clark appeals the trial court’s denial of his motion to dismiss the notice of probation violation because the State did not file it within forty-five days of receiving notice of the violation. This case presents a unique question because Clark’s probation was transferred from Madison County to Tippecanoe County. Tippecanoe County — the receiving court with supervisory authority — had notice of Clark’s violation, but Madison County — the sentencing court — did not. Because we find that notice to the receiving court is notice to the sentencing court and…

2Cases cited3 opinions

  1. Runyon v. StateIndiana Supreme Court · 2010
  2. Sharp v. StateIndiana Court of Appeals · 2004
  3. Louth v. StateIndiana Court of Appeals · 1999

3Cited by5 opinions

  1. James L. Harness, IV v. State of IndianaIndiana Court of Appeals · 2024
  2. Keenah Taylor v. State of IndianaIndiana Court of Appeals · 2026
  3. Max E. Long v. State of Indiana (mem. dec.)Indiana Court of Appeals · 2015
  4. Michael Laroy McCullough, Jr. v. State of Indiana (mem. dec.)Indiana Court of Appeals · 2019
  5. Ronnie L. Davis v. State of Indiana (mem. dec.)Indiana Court of Appeals · 2018

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