Legal Opinion

Peterson v. State

Indiana Court of Appeals

Decided January 13, 1998No. 64A05-9703-PC-102PublishedCited by 2 opinions

1Opinion of the Court

OPINION

BARTEAU, Judge.

Martin Peterson appeals the denial of his petition for post-conviction relief, by which he sought reversal of his conviction of delivery of cocaine, a Class B felony. The conviction was entered upon Peterson’s plea of guilty. Peterson presents the following issues for review, which we restate as:

1. Does the holding in Bryant v. State that double jeopardy principles bar criminal prosecution for a particular drug offense following an Indiana Controlled Substance Excise Tax (CSET) assessment for the same offense apply retroactively to eases on collateral review?;

2. Did the…

Also in this document: Concurrence.

2Cases cited17 opinions

  1. Teague v. LaneSupreme Court of the United States · 1989
  2. Penry v. LynaughSupreme Court of the United States · 1989
  3. United States v. BroceSupreme Court of the United States · 1989
  4. Department of Revenue of Mont. v. Kurth RanchSupreme Court of the United States · 1994
  5. MacKey v. United StatesSupreme Court of the United States · 1971

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3Cited by2 opinions

  1. Burkett v. StateIndiana Court of Appeals · 1998
  2. James E. Dunn v. State of IndianaIndiana Supreme Court · 1998

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