Collins v. State
Indiana Supreme Court
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
- Blockburger v. United StatesSupreme Court of the United States · 1931
- North Carolina v. PearceSupreme Court of the United States · 1969
- Brown v. OhioSupreme Court of the United States · 1977
- Missouri v. HunterSupreme Court of the United States · 1983
- Whalen v. United StatesSupreme Court of the United States · 1980
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3Cited by13 opinions
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- Garcia v. StateIndiana Court of Appeals · 1997
- Whitt v. StateIndiana Supreme Court · 1995
- State v. HurstIndiana Court of Appeals · 1996
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