Legal Opinion
Cuto v. State
Indiana Court of Appeals
Decided April 21, 1999No. 49A02-9807-CR-609PublishedCited by 26 opinions
1Opinion of the Court
OPINION
FRIEDLANDER, Judge
In this interlocutory appeal, Fred Cuto raises five issues for review. As restated, the issues are:
1. Did the trial court properly interpret the Court of Appeals’s decision which remanded for a new trial?
2. Does Ind.Code Ann. § 35-41-4-3 (West 1998), or do double jeopardy principles, bar reprosecution of the murder and felony murder charges?
3. If retrial is granted on only a portion of the original charges, will Cuto’s right to a fair trial be prejudiced, including concerns regarding the possibility of receiving a lengthier sentence than if all charges had been tried…
2Cases cited31 opinions
- Blockburger v. United StatesSupreme Court of the United States · 1931
- Tibbs v. FloridaSupreme Court of the United States · 1982
- United States v. DixonSupreme Court of the United States · 1993
- Ohio v. JohnsonSupreme Court of the United States · 1984
- Timberlake v. StateIndiana Supreme Court · 1997
26 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Oldham v. StateIndiana Court of Appeals · 2002
- Mitchell v. StateIndiana Court of Appeals · 2000
- Lieberenz v. StateIndiana Court of Appeals · 1999
- Duren v. StateIndiana Court of Appeals · 1999
- Scott v. StateIndiana Court of Appeals · 2006
21 more not listed; retrieve them via the Exa API.