Legal Opinion

State v. Wiggins

Indiana Court of Appeals

Decided February 22, 1996No. 34A02-9505-CR-248PublishedCited by 8 opinions

1Opinion of the Court

OPINION

ROBERTSON, Judge.

The State of Indiana appeals the trial court’s dismissal of a charge of Conspiracy to Commit Dealing in Cocaine against Sebastian Wiggins. The dispositive issue which requires that we affirm may be restated as:

whether the trial court had the authority under Ind.Code 35-34-l-10(c) (or the duty under Ind.Code 35-41-4-4) to dismiss an information for an offense which could (or should) have been joined for trial with other offenses for which Wiggins had been tried and acquitted even where Wiggins’ double jeopardy rights have not been implicated.

FACTS

The dispositive facts…

2Cases cited4 opinions

  1. Seay v. StateIndiana Supreme Court · 1990
  2. Derado v. StateIndiana Supreme Court · 1993
  3. Webb v. StateIndiana Supreme Court · 1983
  4. State v. BurkeIndiana Court of Appeals · 1983

3Cited by8 opinions

  1. Richardson v. StateIndiana Court of Appeals · 2003
  2. Williams v. StateIndiana Supreme Court · 2002
  3. State v. DixonIndiana Court of Appeals · 2010
  4. Allen v. StateIndiana Court of Appeals · 2011
  5. Alain Kiiwon Powell, Jr. v. State of IndianaIndiana Supreme Court · 2020

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