Tyson v. State
Indiana Court of Appeals
1Opinion of the Court
CONOVER, Judge.
Defendant-Appellant Kenneth Tyson (Tyson) appeals his conviction for burglary, a class B felony, and theft, a class D felony. IND.CODE 35-48-2-1, 85-48-4-2.
We reverse.
Tyson presents seven issues for our review. Because we reverse, we address only the issue of whether a prosecution witness's failure to appear at trial constituted a "manifest necessity" for declaring a mistrial in the face of Tyson's double jeopardy claim on retrial.
In January, 1988, Susan Elkins (Elkins) was driving home with her two children at approximately 6:80 p.m. As they approached home, Elkins noticed a…
Also in this document: Concurrence.
2Cases cited14 opinions
- United States v. JornSupreme Court of the United States · 1971
- Arizona v. WashingtonSupreme Court of the United States · 1978
- United States v. PerezSupreme Court of the United States · 1824
- Illinois v. SomervilleSupreme Court of the United States · 1973
- Downum v. United StatesSupreme Court of the United States · 1963
9 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Brown v. StateIndiana Supreme Court · 1998
- Nathan Brock v. State of IndianaIndiana Supreme Court · 2011
- State v. GlasscockIndiana Court of Appeals · 2001
- Brown v. StateIndiana Supreme Court · 1998
- De Juan Lamar Kelley v. State of IndianaIndiana Court of Appeals · 2026
1 more not listed; retrieve them via the Exa API.