Collier v. State

I concur as to Issues 2 and 3, and respectfully dissent as to Issue 1. The post-conviction court did not commit error in its reliance upon Fields v. State, 676 N.E.2d 27 (Ind.Ct.App.1997). The post-conviction court properly analyzed Collier’s federal and state double jeopardy claims.

A. Double Jeopardy Under the United States Constitution

In Fields, we applied what was then a two-step double jeopardy test; first, we determined whether the defendant’s conduct violated two distinct statutory provisions which do not require proof of an additional fact, then finding no double jeopardy violation…