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· 6/27/2012

Moala v. State

Citations

  • 969 N.E.2d 1061
  • 2012 WL 2411823
  • 2012 Ind. App. LEXIS 305

How courts have described this case

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

  • holding that when a double jeopardy violation occurs, we vacate the conviction with the less severe penal consequences
  • providing that a violation of double jeopardy principles requires that we vacate the conviction with the least severe penal consequences
  • observing that generally, “when a double jeopardy violation is found, the reviewing court simply orders the conviction that is the lower class of crime to be vacated”
  • explaining we vacate the conviction that carries less severe penal consequences when a double jeopardy violation is found
  • discussing why Class C Court of Appeals of Indiana | Memorandum Decision 19A-CR-1685 | February 27, 2020 Page 9 of 11 misdemeanor conviction with more severe penal consequences than Class B misdemeanor conviction must be vacated in double jeopardy context
  • “the severity of the penal consequences has largely been determined by the class of crime or by the length of the sentence imposed”

Source: CourtListener parenthetical corpus (CC0).

Judges: Robb, Bailey, Mathias

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.