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Christian Q. White v. State of Indiana
No. 25A-CR-959
Appeal from the Clark Circuit Court, Judge Nicholas A. Karaffa. Christian Q. White appeals his convictions for murder and unlawful possession of a firearm by a serious violent felon, asserting that retrial after a mistrial violated double jeopardy protections, and that the trial court abused its discretion in sentencing by not identifying mitigating factors. The court affirmed the denial of the motion to dismiss, stating White impliedly consented to the mistrial by failing to object and had no grounds for a double jeopardy claim. The court also found no abuse of discretion in sentencing, determining that the sentence was appropriate considering the nature of the offense and White’s criminal history. Judge Altice authored the opinion, with Judge Brown concurring and Judge DeBoer dissenting with a separate opinion. DeBoer finds that the decision to try White twice after his first jury trial ended in a mistrial did violate the double jeopardy clause of the Fifth Amendment. She wrote that she would reverse convictions for murder and unlawful possession of a firearm by a serious violent felon. Appellant’s attorney: Christopher Sturgeon, Jeffersonville, Indiana. Appellee’s attorney: Office of the Indiana Attorney General.
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