· 6/25/2013
Timmy T. Zieman v. State of Indiana
Citations
- 990 N.E.2d 53
- 2013 WL 3190087
- 2013 Ind. App. LEXIS 298
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 defendant's conviction for attempted murder did not also establish all the elements of his conviction for resisting law enforcement resulting in serious bodily injury
- noting that the force used to commit criminal deviate conduct was “the same threats and the same acts and the same conduct” as the force used to get her into the bedroom and “the same force” used to commit rape
- noting that, under rules of statutory construction and common law that constitute one aspect of Indiana’s double jeopardy jurisprudence, where one conviction is elevated based on the same bodily injury that forms the basis for another conviction, the two cannot stand
- arguing that Miske grabbing V.P.’s hair and choking her to the point she could not breathe Court of Appeals of Indiana | Opinion 19A-PC-1174 | February 7, 2020 Page 22 of 31 was using deadly force to drag her into the bedroom where he raped her
Source: CourtListener parenthetical corpus (CC0).
Judges: Crone, Robb, Friedlander
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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