Legal Opinion

State of Indiana v. Elvis Holtsclaw

Indiana Supreme Court

Decided November 5, 2012No. 49S02-1205-CR-264PublishedCited by 15 opinions

1Opinion of the Court

MASSA, Justice.

This case presents a single question: does Appellate Rule 9, which tolls the thirty-day deadline for filing a notice of appeal when a party files a motion to correct error, apply to the State in a criminal case? We hold that it does.

Facts and Procedural History

On April 11, 2010, Mr. Elvis Holtsclaw was involved in a motor vehicle collision. The officer who responded to the scene, Detective William Crays of the Indianapolis Metropolitan Police Department, noticed that Holtsclaw was displaying several signs of intoxication. Holtsclaw subsequently consented to and failed field…

2Cases cited5 opinions

  1. Cooper v. StateIndiana Supreme Court · 2006
  2. State v. HobbsIndiana Supreme Court · 2010
  3. State ex rel. Crawford v. Delaware Circuit CourtIndiana Supreme Court · 1995
  4. Johnson County Rural Electric Membership Corp. v. South Central Indiana Rural Electric Membership Corp.Indiana Court of Appeals · 2008
  5. State v. HoltsclawIndiana Court of Appeals · 2012

3Cited by15 opinions

  1. Trondo L. Humphrey v. State of IndianaIndiana Supreme Court · 2017
  2. Jeffrey M. Miller and Cynthia S. Miller v. Kristine C. DanzIndiana Supreme Court · 2015
  3. The Board of Commissioners of Union County, Indiana v. Joe McGuinness, in his official capacity as Commissioner of the Indiana Department of Transportation and the Indiana Department of TransportationIndiana Supreme Court · 2017
  4. State of Indiana v. Douglas E. ShipmanIndiana Court of Appeals · 2013
  5. Cynthia Morrison, individually and on behalf of Ernest Morrison v. Ricardo Vasquez, M.D. Indiana University Health Southern Indiana Physicians, Inc. v. Charlene NoelIndiana Supreme Court · 2019

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