No. 19-6699
Response WaivedIFP
Tags: acquittal amended-charges charging-information criminal-procedure deadly-weapon double-jeopardy due-process fifth-amendment jury
Latest Conference:
2020-01-17
Question Presented (from Petition)
Whether the Double Jeopardy Clause of the Fifth Amendment barred the State of Indiana from "retrying" Petitioner for the
1) knowing
2) killing
3) of Amanda Deweese
4) while acting under sudden heat
3) by means of a deadly weapon
after a jury at Petitioner's first trial had expressly acquitted Petitioner of the
1) knowing
2) killing
3) of Amanda Deweese
and after the State of Indiana had amended the charging information to add the two additional elements to the charge on which Petitioner was "retried"?
Question Presented (AI Summary)
Whether the Double Jeopardy Clause of the Fifth Amendment barred the State of Indiana from 'retrying' Petitioner
Docket Entries
2020-01-21
Petition DENIED.
2019-12-30
DISTRIBUTED for Conference of 1/17/2020.
2019-12-19
Waiver of right of respondent Indiana to respond filed.
2019-11-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 20, 2019)
2019-09-12
Application (19A290) granted by Justice Kavanaugh extending the time to file until November 15, 2019.
2019-09-06
Application (19A290) to extend the time to file a petition for a writ of certiorari from September 16, 2019 to November 15, 2019, submitted to Justice Kavanaugh.
Attorneys
Andrew McWhorter
Michael Kimble Ausbrook — Petitioner
Indiana
Stephen Richard Creason — Respondent