If the prosecutor loses at the trial court, can the prosecutor make an appeal to the Court of Appeals or the Supreme Court?
The right of the State to appeal in a criminal case is limited. By statute, the State may appeal in a criminal case only: 1) from an order granting a motion to dismiss an indictment or information; 2) from an order or judgment for the defendant, upon his motion for discharge because of delay of his trial, or upon his 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; and 6) from any interlocutory order if the trial court certifies and appellate court grants the State permission to do so.
Related Questions
- If the Court of Appeals has ordered a new trial in a criminal case and the Indiana Supreme Court denies a petition to transfer, is the defendant immediately released from prison?
- If the prosecutor loses at the trial court, can the prosecutor make an appeal to the Court of Appeals or the Supreme Court?
- Can I present new evidence to the Court of Appeals or Supreme Court that was not given to the trial court?
