Legal Opinion

Collins v. State

Indiana Supreme Court

Decided December 27, 1995No. 02S05-9503-CR-397PublishedCited by 13 opinions

1Opinion of the Court

SHEPARD, Chief Justice.

This is one of multiple cases we decide today involving Indiana's Controlled Substance Excise Tax (CSET). This appeal presents a question not resolved in the other appeals: whether convictions for both dealing in drugs and failing to pay the CSET, imposed in the same proceeding, offend the Double Jeopardy Clause. We hold that they do indeed violate the Clause.

I. Statement of Facts

Appellant George Collins was arrested and charged with dealing cocaine, a class B felony, Ind.Code Ann. § 35-48-4-1 (West Supp. 1994), and failure to pay the CSET, a class D felony, Ind.Code…

2Cases cited9 opinions

  1. Blockburger v. United StatesSupreme Court of the United States · 1931
  2. North Carolina v. PearceSupreme Court of the United States · 1969
  3. Brown v. OhioSupreme Court of the United States · 1977
  4. Missouri v. HunterSupreme Court of the United States · 1983
  5. Whalen v. United StatesSupreme Court of the United States · 1980

4 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Richardson v. StateIndiana Supreme Court · 1999
  2. United States v. SmithCourt of Appeals for the Seventh Circuit · 2019
  3. Garcia v. StateIndiana Court of Appeals · 1997
  4. Whitt v. StateIndiana Supreme Court · 1995
  5. State v. HurstIndiana Court of Appeals · 1996

8 more not listed; retrieve them via the Exa API.

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