Legal Opinion

Brock v. State

Indiana Court of Appeals

Decided October 26, 2010No. 38A02-1003-CR-272PublishedCited by 2 opinions

1Opinion of the Court

OPINION

BAKER, Chief Judge.

Appellant-defendant Nathan Brock appeals his conviction for Operating a Motor Vehicle After Forfeiture of License for Life, 1 a class C felony. Brock argues that his convictions violate double jeopardy because the trial court granted the State's request for a mistrial at the close of the first trial in the absence of a manifest necessity to do so and then permitted the State to retry Brock, resulting in the convictions at issue herein. Finding that the mistrial and subsequent retrial do not violate double jeopardy, we affirm.

FACTS

On May 28, 2007, Portland Police…

2Cases cited6 opinions

  1. Arizona v. WashingtonSupreme Court of the United States · 1978
  2. United States v. PerezSupreme Court of the United States · 1824
  3. Jackson v. StateIndiana Supreme Court · 2010
  4. Jester v. StateIndiana Supreme Court · 1990
  5. Ried v. StateIndiana Court of Appeals · 1993

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3Cited by2 opinions

  1. Nathan Brock v. State of IndianaIndiana Supreme Court · 2011
  2. Beattie v. StateCourt of Appeals of Alaska · 2011

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