Carter v. State

I concur in the result of the majority opinion. However, I do not read our court’s opinion in Tawney v. State, 439 N.E.2d 582 (Ind.1982), to “erroneously attribute ... to Blockburger v. United States ” double jeopardy analysis that looks to the manner in which offenses are charged in addition to the statutory definitions of the offenses. While our court’s opinion in Tawney mentioned the Blockburger “same elements” test, it went on to hold that, following an Indiana precedent, the court would look further:

In applying the test, however, we must look to the manner in which the offenses are…