§ 35-38-4-2 — Appeals by state as provided by court rules for certain cases

Indiana § 35-38-4-2

• Jurisdiction: Indiana
• Art. 38: PROCEEDINGS FOLLOWING DISMISSAL,
• Ch. 4: Appeals

Text

(a) Appeals to the supreme court or to the court
of appeals, as provided by court rules, may be taken by the state as of
right in the following cases:
(1) From an order granting a motion to dismiss one (1) or more
counts of an indictment or information.
(2) From an order granting a motion to discharge a defendant
before trial for any reason, including delay commencing trial or
after the defendant's plea of former jeopardy.
(3) From an order granting a motion to correct errors.
(4) Upon a question reserved by the state, if the defendant is
acquitted.
(5) From an order granting a motion to suppress evidence, if the
ultimate effect of the order is to preclude further prosecution of
one (1) or more counts of an information or indictment.
(b) The state may appeal an interlocutory order to the supreme court
or to the court of appeals, as provided by court rules, if the trial court
certifies the appeal and the court on appeal finds that:
(1) the state will suffer substantial expense, damage, or injury if
the order is erroneous and the determination thereof is withheld
until after judgment;
(2) the order involves a substantial question of law, the early
determination of which will promote a more orderly disposition
of the case; or
(3) the remedy by appeal after judgment is otherwise inadequate.
(c) An interlocutory order that may be appealed by the state under
subsection (b) includes but is not limited to:
(1) any order granting a motion to suppress evidence that is
substantially important to the prosecution and does not have the
ultimate effect of precluding further prosecution; and
(2) any discovery order claimed to violate a court rule, statute, or
case law.

Legislative History

As added by P.L.311-1983, SEC.3. Amended by P.L.110-2015, SEC.2; P.L.112-2021, SEC.1.