Legal Opinion

Allen v. State

Indiana Court of Appeals

Decided October 26, 2011No. 15A04-1101-CR-16PublishedCited by 3 opinions

1Opinion of the Court

OPINION

BRADFORD, Judge.

Appellant-Defendant Dustin T. Allen brings this interlocutory appeal, claiming that the trial court abused its discretion in denying his motion to dismiss. Allen argues that the dismissal of criminal charges was warranted because he was improperly subjected to a successive prosecution which was prohibited under Indiana Code section 35-41-4^ (“the Successive Prosecution Statute”). Concluding that prose cuting Allen on subsequent charges after he had already pled guilty to other charges is barred under the Successive Prosecution Statute, we reverse the trial court’s…

2Cases cited4 opinions

  1. Henderson v. StateIndiana Court of Appeals · 1995
  2. Williams v. StateIndiana Supreme Court · 2002
  3. Haywood v. StateIndiana Court of Appeals · 2007
  4. State v. WigginsIndiana Court of Appeals · 1996

3Cited by3 opinions

  1. Bryant Dowdy v. State of Indiana (mem. dec.)Indiana Court of Appeals · 2020
  2. Cody B. Honeycutt v. State of IndianaIndiana Court of Appeals · 2012
  3. William Rowland Brittingham, III v. State of IndianaIndiana Court of Appeals · 2023

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