Griffin v. State, 18A02-9609-CR-602
Decision Date | 30 April 1998 |
Docket Number | No. 18A02-9609-CR-602,18A02-9609-CR-602 |
Citation | 694 N.E.2d 304 |
Parties | Eddie GRIFFIN, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff. |
Court | Indiana Appellate Court |
In a published decision issued February 10, 1998, we held that principles of double jeopardy did not preclude Griffin's retrial for robbery and conspiracy to commit robbery following his earlier acquittal of felony murder. Griffin v. State, 692 N.E.2d 468 (1998). We also declined to consider Griffin's collateral estoppel claim based upon our belief that Griffin did not present the issue to the trial court. Griffin seeks rehearing, claiming that he properly presented the collateral estoppel claim to the trial court and that our double jeopardy holding is erroneous. We grant rehearing to decide the merits of Griffin's collateral estoppel claim and deny rehearing on the double jeopardy issue.
Griffin claims that the State was collaterally estopped from retrying him for robbery and conspiracy to commit robbery following his acquittal of felony murder. Even though, as we have determined, the offenses are not the same for double jeopardy purposes, the State may still be collaterally estopped from prosecuting them. See Segovia v. State, 666 N.E.2d 105, 107 (Ind.Ct.App.1996). This court has explained the collateral estoppel doctrine as follows:
Id. (citations and internal quotation marks omitted).
Griffin contends that his acquittal of felony murder necessarily includes a determination that he "did not kill David Turner during the course of a robbery resulting in serious bodily injury to Mr. Turner, nor did he aid, induce or cause another person to do so." Appellant's Brief at 15. Griffin further contends that the State is "estopped from attempting to prove Eddie Griffin was involved in Mr. Turner's death or that he was involved in a robbery resulting in serious bodily injury." ...
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