Labels:book | reckoner OCR: I.C. 35-41-2-2 To accord the difference one would 01 believe that person can be presently un- aware that he 1 strangling another. while 1 the same time having goal presently in mind strangle such other person. Id at 1208 1209 (DeBruler I dissenting} Certiorari was denied Schiro Indiana 493 U.S 910 1989) Justice Stevens authored am opinion "respecting the denial of certiorari" which discussed the double jeop ardy and collateral estoppel claims presented this brief. Justice Stevens wrote cannot be disputed that petitioner was placed in jeopardy within the neaning of the Fifth Amend- ment to the Federal Constitution when the trial On Count commenced. [citation omitted] The fact that Indiana may not consier the jury' silence an "acquittal" as matter of state law surely does OU determine the co ...
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