Legal Opinion · Dissent

Bryant v. State

Indiana Supreme Court

Decided January 2, 1996No. 27S04-9409-CR-865Published

1DissentSullivan, Justice

In Department of Revenue of Montana v. Kurth Ranch, - U.S. --, 114 S.Ct. 1937, 128 L.Ed.2d 767 (1994), the United States Supreme Court held that a proceeding initiated by the state of Montana to collect a tax on the Kurth family's marijuana crop was prohibited by the Double Jeopardy Clause where the Kurths had already been convicted in criminal court for possession of those drugs. Today our court holds that the mere assessment of a similar tax by the Indiana Department of State Revenue prior to trial for .a related drug possession or dealing offense cuts off the ability of county prosecutors…

2Cases cited27 opinions

  1. North Carolina v. PearceSupreme Court of the United States · 1969
  2. United States v. DixonSupreme Court of the United States · 1993
  3. United States v. HalperSupreme Court of the United States · 1989
  4. Austin v. United StatesSupreme Court of the United States · 1993
  5. Grady v. CorbinSupreme Court of the United States · 1990

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