Legal Opinion
State v. Klein
Indiana Court of Appeals
Decided December 10, 1998No. 49A02-9802-CR-105PublishedCited by 12 opinions
1Opinion of the Court
OPINION
KIRSCH, Judge.
The State appeals the dismissal with prejudice of various charges it filed, dismissed, and then refiled against Joseph Klein. The issues presented are:
I. Whether principles of double jeopardy preclude the criminal prosecution of Klein following the State’s civil forfeiture of Klein’s automobile on the basis that he used the automobile to escape from the commission of some of the charged offenses.
II. Whether the State’s dismissal and refiling of the charges, in which it added a new count, constituted an impermissible attempt to avoid an earlier court order refusing to…
2Cases cited15 opinions
- North Carolina v. PearceSupreme Court of the United States · 1969
- United States v. HalperSupreme Court of the United States · 1989
- Austin v. United StatesSupreme Court of the United States · 1993
- United States v. UrserySupreme Court of the United States · 1996
- Department of Revenue of Mont. v. Kurth RanchSupreme Court of the United States · 1994
10 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Troy Shaw v. Bill WilsonCourt of Appeals for the Seventh Circuit · 2013
- State v. NunezNew Mexico Supreme Court · 1999
- Lewis v. StateIndiana Court of Appeals · 2001
- Hayden v. StateIndiana Court of Appeals · 2002
- Wilcox v. StateIndiana Court of Appeals · 2001
7 more not listed; retrieve them via the Exa API.