Legal Opinion

Hoover v. State

Indiana Court of Appeals

Decided December 31, 2009No. 55A05-0907-CR-423PublishedCited by 14 opinions

1Opinion of the Court

OPINION

VAIDIK, Judge.

Case Summary

Alan Hoover was charged with murder, felony murder, and Class A felony robbery. Robbery was the predicate offense for the alleged felony murder. A jury acquitted Hoover of murder, deadlocked on felony murder, and convicted him of robbery. Indiana's double jeopardy statutes bar retrial for the same offense if "the former prosecution resulted in an acquittal or a conviction of the defendant (A convietion of an included offense constitutes an acquittal of the greater offense, even if the conviction is subsequently set aside.). ..." Ind.Code § 35-41-4-3(a). We…

2Cases cited31 opinions

  1. Ashe v. SwensonSupreme Court of the United States · 1970
  2. Brown v. OhioSupreme Court of the United States · 1977
  3. Green v. United StatesSupreme Court of the United States · 1957
  4. United States v. PowellSupreme Court of the United States · 1984
  5. Dunn v. United StatesSupreme Court of the United States · 1932

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3Cited by14 opinions

  1. Nathan S. Berkman v. State of IndianaIndiana Court of Appeals · 2012
  2. Kevin Davis v. State of IndianaIndiana Court of Appeals · 2014
  3. Jeffrey A. Cleary v. State of IndianaIndiana Court of Appeals · 2014
  4. Alan James Hoover v. State of Indiana (mem. dec.)Indiana Court of Appeals · 2016
  5. Brandon Earthman v. State of IndianaIndiana Court of Appeals · 2014

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