Legal Opinion

State v. Akins

Indiana Supreme Court

Decided March 30, 2005No. 79S05-0402-CR-93PublishedCited by 15 opinions

1Opinion of the Court

ON PETITION TO TRANSFER FROM THE INDIANA COURT OF APPEALS, NO. 79A05-0210-CR-520.

DICKSON, Justice.

In this interlocutory appeal, the State challenges the decision of the trial court granting the defendant's motion to dismiss Count II, which charged as a class D felony that the defendant operated a vehicle while intoxicated while having a prior conviction for operating a vehicle while intoxicated. 1 The issue is whether the defendant's prior conviction in Michigan qualifies to subject the defendant to the class D felony charge. The Court of Appeals affirmed the dismissal. State v. Akins, 795…

2Cases cited7 opinions

  1. Oxendine v. Secretary of StateMichigan Court of Appeals · 1999
  2. In Re Marriage of RansomIndiana Supreme Court · 1988
  3. Lutheran Hospital of Fort Wayne, Inc. v. State, Department of Public WelfareIndiana Supreme Court · 1991
  4. Fagan v. ROYERIndiana Supreme Court · 1963
  5. City of Connersville v. AdamsIndiana Court of Appeals · 1952

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3Cited by15 opinions

  1. McClure v. CooperIndiana Court of Appeals · 2008
  2. Willie Moore v. State of IndianaIndiana Court of Appeals · 2016
  3. Hollingsworth v. StateIndiana Court of Appeals · 2009
  4. District of Columbia v. FitzgeraldDistrict of Columbia Court of Appeals · 2008
  5. Saalik M. Berberena v. State of IndianaIndiana Court of Appeals · 2017

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