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COA cites double jeopardy clause in reversal of conviction

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The Indiana Court of Appeals has ruled that a truck driver who caused an accident that killed a highway worker should not have been convicted of two Class C felonies, citing double jeopardy standards.

Gravel truck driver William Hurt had driven through a workzone on Interstate 164 several times on the day his truck slammed into a parked Indiana Department of Transportation truck. The INDOT vehicle, driven by Mark Shepherdson, was an “arrow board truck,” equipped with a large flashing arrow, directing motorists from the driving lane to the passing lane. Shepherdson died as a result of the crash.

In its consideration of William Hurt v. State of Indiana, No. 82A04-1006-CR-414, the appeals court affirmed Hurt’s conviction of Class C felony reckless disregard of a traffic control device in a highway workzone resulting in death, stating Hurt had seen the multiple construction warnings repeatedly before the crash. However, the court reversed a second conviction – Class C felony reckless operation of a vehicle in a highway workzone resulting in death – stating the same evidence had been considered in determining both convictions.

Citing Spivey v. State, 761 N.E.2d 831 (Ind. 2002), the appeals court ruled that the state likely violated the Indiana Constitution’s prohibition against double jeopardy by relying on the same evidence for Hurt’s dual convictions.
 

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  1. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  2. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

  3. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  4. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

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