In this case, the Indiana Supreme Court held that Appellate Rule 9, which tolls the thirty-day deadline for filing a notice of appeal when a party files a motion to correct error, applies not only in civil cases, but also to the State in a criminal case. This decision reversed the Court of Appeals decision which held the State had forfeited the appeal by failing to file its notice of appeal within the thirty-day deadline.
This decision turned on whether Appellate Rule 9, which tolls the thirty-deadline to file a notice of appeal “if any party files a timely motion to correct error” prevailed over Indiana Code section 35-38-4-2, which allowed the State to appeal only orders granting motions to suppress or orders granting motions to correct error. The Supreme Court applied the well-established principle that the Supreme Court’s rules prevail over any conflicting law. See State ex rel. Crawford v. Del. Cir. Ct., 655 N.E.2d 499, 500 (Ind. 1995); Ind. Code § 34-8-1-3.
The only window the Supreme Court left open was in its holding that the defendant waived his constitutional argument by failing to appropriately develop and support the argument. However, this argument would likely fail to prevail even if properly raised, as the rule that the Supreme Court’s rules prevail over statutes has constitutional roots itself.
This case serves as a reminder that statutes enacted by the legislature may be either void or of limited scope based on their conflict with Trial Rules or Appellate Rules. Counsel addressing statutes that affect trial or appellate procedure should be sure to perform an analysis of whether any court rule conflicts with the statute.
The information contained in the Barrett McNagny LLP website is for informational purposes only and should not be considered legal advice on any subject matter. Furthermore, the information contained on our website may not reflect the most current legal developments. You should not act upon this information without consulting legal counsel.
Your transmission and receipt of information on the Barrett McNagny LLP website, or sending an e-mail to one of our attorneys or staff, will not create an attorney-client relationship between you and Barrett McNagny LLP. If you need legal advice and want to establish an attorney-client relationship with Barrett McNagny LLP, please contact one of our attorneys by telephone, email, or other means of communication, and allow the attorney to confirm that the firm does not represent other persons or entities involved in the matter and that the firm is willing to accept representation. Until such confirmation is provided by one of our attorneys, you should not transmit information to us that you consider confidential. If you do provide information to us, and no attorney-client relationship is established, the information will not be considered confidential or privileged, and our receipt of such information will not preclude us from representing another client in a matter adverse to you.
Any links to other websites are not intended to be referrals or endorsements of those sites.
An attorney-client relationship will NOT be formed merely by sending an email to Barrett McNagny, LLP or to any of its attorneys. Please do not send any information specific to your legal needs until you obtain approval from a Barrett McNagny, LLP attorney, as the content of such email will not be considered confidential or privileged. By sending us an email, you confirm your understanding of this notification. If you agree, you may use the e-mail links on this page to contact an attorney.