Brooks Berg v. State of Indiana

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that actual evidence test was not met where evidentiary facts establishing all the elements of OWI endangering a person did not establish all the elements of OWI
• concluding that the double jeopardy clause is not violated when the evidentiary facts establishing the essential elements of one offense also establish only one or even several, but not all, of the essential elements of a second offense
• clarifying that while the State is prohibited from using the same bodily injury to enhance multiple offenses, it is not prohibited from enhancing multiple offenses by the defendant’s use of the same weapon when committing multiple offenses
• rejecting the State’s concession of a double jeopardy violation

Source: CourtListener parenthetical corpus (CC0).