Legal Opinion

State v. Klinger

Indiana Court of Appeals

Decided July 24, 1998No. 79A02-9708-CR-573PublishedCited by 6 opinions

1Opinion of the Court

OPINION

BAKER, Judge.

We are asked to decide whether double jeopardy principles prohibit the State from retrying a defendant on a charge after the jury deadlocked on that charge but convicted the defendant on a lesser-ineluded charge in the same prosecution. Appellant-plaintiff State of Indiana appeals the trial court’s grant of appellee-defendant William H. Klinger’s motion to dismiss his prosecution for Attempted Murder,1 a Class A felony, following a conviction and sentence for Pointing a Firearm,2 a Class D felony.

FACTS

On August 6,1996, Klinger was involved in an automobile accident in…

Also in this document: Concurrence.

2Cases cited7 opinions

  1. Arizona v. WashingtonSupreme Court of the United States · 1978
  2. Richardson v. United StatesSupreme Court of the United States · 1984
  3. Logan v. United StatesSupreme Court of the United States · 1892
  4. Grinstead v. StateIndiana Supreme Court · 1997
  5. United States v. Sylvester BordeauxCourt of Appeals for the Eighth Circuit · 1997

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3Cited by6 opinions

  1. United States v. AllenDistrict of Columbia Court of Appeals · 2000
  2. Hoover v. StateIndiana Court of Appeals · 2009
  3. Haddix v. StateIndiana Court of Appeals · 2005
  4. Moore v. StateIndiana Court of Appeals · 1998
  5. Moore v. StateIndiana Court of Appeals · 1998

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

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