· 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 CourtListenerSourced 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.