Legal Opinion

Jeffrey A. Cleary v. State of Indiana

Indiana Court of Appeals

Decided January 24, 2014No. 45A03-1212-CR-518PublishedCited by 1 opinion

1Opinion of the Court

OPINION

BARNES, Judge.

Case Summary

Jeffery Cleary appeals his conviction and sentence for Class B felony causing death when operating a motor vehicle with a BAC over .15. We affirm.

Issues

Cleary raises three issues, which we restate as:

I. whether his retrial violated double jeopardy principles;

II. whether the trial court properly admitted into evidence the results of a blood test; and

III. whether his sentence is inappropriate.

Facts

Late in the evening on November 4, 2010, Cleary left the Country Lounge in Hobart, intending to go home via I-65. Cleary proceeded onto a southbound ramp toward I-65.…

Also in this document: Concurrence.

2Cases cited20 opinions

  1. Burks v. United StatesSupreme Court of the United States · 1978
  2. Benton v. MarylandSupreme Court of the United States · 1969
  3. Green v. United StatesSupreme Court of the United States · 1957
  4. Cardwell v. StateIndiana Supreme Court · 2008
  5. Breed v. JonesSupreme Court of the United States · 1975

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3Cited by1 opinion

  1. Jeffrey A. Cleary v. State of IndianaIndiana Supreme Court · 2015

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