Legal Opinion
Fassinger v. State
Indiana Court of Appeals
Decided October 23, 1995No. 64A04-9503-CR-107PublishedCited by 3 opinions
1Opinion of the Court
OPINION
CHEZEM, Judge.
Case Summary
gDefendant-Appellant, James Fassinger ("Fassinger"), appeals from the denial of his motion to dismiss. We affirm.
Issue
The question presented to us is whether Article 1 § 14 of the Indiana Constitution and/or the 5th Amendment to the U.S. Constitution bar criminal prosecution under I.C. 35-48-4-10 when a tax lability under I.C. 6-7-3 has been assessed and partially paid.
Facts and Procedural History
Fassinger was charged by Information with three counts of Delivery of Marijuana, class D felonies. Before trial, Fassinger filed a motion to dismiss, contending…
Also in this document: Concurrence.
2Cases cited14 opinions
- United States v. BroceSupreme Court of the United States · 1989
- Department of Revenue of Mont. v. Kurth RanchSupreme Court of the United States · 1994
- United States v. Renato TorresCourt of Appeals for the Seventh Circuit · 1994
- Baker v. StateIndiana Court of Appeals · 1985
- United States v. TamezDistrict Court, E.D. Washington · 1995
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3Cited by3 opinions
- Fassinger v. StateIndiana Supreme Court · 1996
- Fassinger v. StateIndiana Supreme Court · 1996
- Fassinger v. StateIndiana Supreme Court · 1996