Legal Opinion

William T. Calvert v. State of Indiana

Indiana Court of Appeals

Decided July 31, 2014No. 32A01-1312-CR-535PublishedCited by 6 opinions

1Opinion of the Court

OPINION

NAJAM, Judge.

STATEMENT OF THE CASE

William T. Calvert appeals his conviction for illegal consumption of alcohol by a minor, a Class C misdemeanor, following a bench trial. Calvert presents two issues for our review:

1. Whether the trial court erred when it tried him in absentia while he was on active duty with the United States Army in Afghanistan.

2. Whether a retrial would violate the prohibition against double jeopardy under Article 1, Section 14 of the Indiana Constitution.

We reverse and remand for a retrial.

FACTS AND PROCEDURAL HISTORY

During the early morning hours of January 19,…

2Cases cited11 opinions

  1. Oregon v. KennedySupreme Court of the United States · 1982
  2. Richardson v. StateIndiana Supreme Court · 1999
  3. State v. KennedyOregon Supreme Court · 1983
  4. Hudson v. City of ChicagoIllinois Supreme Court · 2008
  5. Lampkins v. StateIndiana Supreme Court · 1997

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3Cited by6 opinions

  1. Terrence Strong v. State of IndianaIndiana Court of Appeals · 2015
  2. State v. KiserOhio Court of Appeals · 2016
  3. Dontez West and Kyree Guajardo v. State of Indiana (mem. dec.)Indiana Court of Appeals · 2019
  4. Grady Jamal Moss v. State of Indiana (mem. dec.)Indiana Court of Appeals · 2017
  5. Terrence Strong v. State of IndianaIndiana Court of Appeals · 2015

1 more not listed; retrieve them via the Exa API.

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