Monday, March 14, 2005
Ind. Decisions - Supreme Court posts one decision today
Valentin Jaramillo v. State of Indiana (3/11/05 IndSCt) [Criminal Law & Procedure]
At issue in this appeal is whether the Double Jeopardy Clause of the U.S. Constitution bars re-trial of a habitual offender enhancement set aside on appeal for insufficient evidence. Although this Court has often held that it does, we conclude that those holdings are no longer good law in light of Monge v. California, 524 U.S. 721 (1998). * * *
We now hold, in accordance with Monge, that the Double Jeopardy Clause does not prevent the State from re-prosecuting a habitual offender enhancement after conviction therefore has been reversed on appeal for insufficient evidence.
We grant transfer pursuant to Indiana Appellate Rule 58(A), summarily affirm the opinion of the Court of Appeals as to the issue discussed in footnote three, and remand this case to the trial court.
Shepard, C.J., and Dickson and Boehm, JJ., concur. Rucker, J., concurs in result.
Posted by Marcia Oddi on March 14, 2005 02:04 PM
Posted to Ind. Sup.Ct. Decisions