Friend of the Indiana appellate and post-conviction advocate

Indiana Supreme Court to Hear Double Jeopardy Case on Elevated Offenses

Indiana Supreme Court to Hear Double Jeopardy Case on Elevated Offenses

On September 5, 2019, the Indiana Supreme Court will hear a double jeopardy claim where my client was convicted and sentenced on several offenses related to operating a vehicle while intoxicated, injuring a person, and leaving the scene.

The Justices will determine how Indiana’s Double Jeopardy Clause applies to offenses that have been elevated. In other words, the base offenses themselves do not create a double jeopardy violation; but what about the elevations? Are they considered “essential elements” of an offense for purposes of double jeopardy?

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