Legal Opinion
State v. Monticello Developers, Inc.
Indiana Supreme Court
Decided November 25, 1987No. 18S02-8711-CR-1099PublishedCited by 9 opinions
1Opinion of the Court
SHEPARD, Chief Justice.
The question is whether granting a defendant judgment on the evidence after a jury has found him guilty precludes re-entry of a conviction after an appellate decision that the motion was wrongly granted. We conclude that doing so is prohibited by double jeopardy.
The State charged appellee Monticello Developers, Inc., with neglecting a dependent, as a class D felony, Ind.Code § 35-46-1-4 (Burns 1982 Supp.). A jury found Monticello guilty of criminal recklessness, as a class B misdemeanor, Ind. Code § 35-42-2-2 (Burns 1982 Supp.). Afterward, the trial court entered a…
2Cases cited8 opinions
- United States v. ScottSupreme Court of the United States · 1978
- United States v. WilsonSupreme Court of the United States · 1975
- Arizona v. RumseySupreme Court of the United States · 1984
- United States v. SissonSupreme Court of the United States · 1970
- Smalis v. PennsylvaniaSupreme Court of the United States · 1986
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Taflinger v. StateIndiana Court of Appeals · 1998
- State v. Monticello Developers, Inc.Indiana Supreme Court · 1988
- State v. SpringerIndiana Court of Appeals · 1992
- Kerlin v. StateIndiana Court of Appeals · 1991
- Kerlin v. StateIndiana Court of Appeals · 1991
4 more not listed; retrieve them via the Exa API.