State v. Goodrich

SHEPARD, Justice.

The State seeks the right to try appellee DeVon Goodrich a second time. The trial court granted Goodrich a judgment at the close of all the evidence, but the Court of Appeals determined by a majority vote that an erroneous standard was used in doing so. Nevertheless, a retrial would violate the double jeopardy provisions of the United States Constitution. .

Goodrich was tried before a jury on charges of reckless homicide, a class C felony, Ind.Code § 35-42-1-5 (Burns 1982 Supp.). The court granted a defendant’s motion for a directed verdict at the close of the evidence. Rule…