State v. Nichols

I disagree with the majority opinion insofar as it holds that Ind.R.Ap.P. 4 (A)(8) and its underlying policy that this Court determine the validity of state statutes which have been declared unconstitutional provide the necessary authority for the state to bring interlocutory appeals pursuant to Ind. R.Ap.P. 4(B)(5) in criminal cases. As I read State v. Palmer, (1979) Ind., 386 N.E.2d 946, cited by the majority, the reason we permitted the state to bring that appeal, even though Ind. Code § 35-1-47-2 (Burns 1979 Repl.) was inapplicable, was because we found that it could have invoked our…