State v. Haldeman, 55S00-0906-CR-266
01-15-10, Ind.
Attorney: Terry Iacoli
Holding: Repealing of I.C. § 35-33.5-1-1, which required State to seek ex parte de novo review from Court of Appeals before implementing wiretap warrants, did not invalidate Criminal Rule 25 and the process it established to seek and obtain such appellate review, even though Criminal Rule 25 was promulgated at the behest of the now repealed statute. The power to rescind a rule governing practice and procedure in Indiana courts lies with the Indiana Supreme Court, not the legislature, and the Court did not, in fact, rescind or modify Cr 25 in response to the legislature’s decision to repeal I.c. 35-33.5-1-1. Criminal Rule 25, in part, requires that a prosecutor file a petition for review of the warrant for wiretap with the court of appeals within ten days of the issuance of the warrant. By not seeking preliminary appellate review of the wiretap, the State violated Criminal Rule 25. However, trial court should not have granted Defendants’ motions to suppress, as neither motion claimed the State’s failure to follow Criminal Rule 25 affected their substantial rights or that the warrants were deficient in any other way. The error was harmless. See Trial Rule 61. Held, transfer granted, denial of motion to suppress affirmed.
