444 NE2D 329 - State v. Selva

How this case has been cited

Cited by 6 later decisions — most recently December 2011

6 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

GARRARD, Judge,

¶1concurring in part and dissenting in part.

¶2I agree that upon the facts present in this case and Cherry v. State (1981), Ind. 414 N.E.2d 301, cert. dismissed 453 U.S. 946, 102 S.Ct. 17, 69 L.Ed.2d 1033 the trial judge could properly have found the state was barred from prosecuting the six additional charges against Selva.

¶3I also agree with the analysis concerning Counts I, III, VII and X. However, I believe it is unnecessary to reverse the dismissal of those counts and the reinstatement of the four original informations. They will then be subject to a motion for severance. IC 35-34-1-11. Instead, pursuant to Indiana Rules of Procedure, Appellate Rule 15(E) and the doctrine of harmless error, we should simply permit the reinstated cases to proceed to trial.

¶4 *332I therefore concur except as to reversal of the dismissal of Counts I, III, YII and X of the ten-count information and the reversal of the reinstatement of the four prior charges.