State v. Holtsclaw

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.

Indeed, Indiana Code section 35-38^1-2(5) allows the State to appeal from an order suppressing evidence if that ruling *1030effectively precludes further prosecution. However, there is nothing in the statute that requires the State to pursue the appeal through the interlocutory process. In other words, there is no prohibition in the…