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[SUPREME] Jeffrey Cleary v. State of Indiana, No. 45S03-1404-CR-295
Start Date: 6/12/2014Start Time: 10:30 AM
End Date: 6/12/2014End Time: 11:10 AM
Entry Description

On the entrance ramp to an interstate, Cleary struck the back of a truck, which in turn, struck and killed a man who was changing a tire.  Cleary’s blood alcohol content was measured more than .15.  A jury found him guilty of Class A misdemeanor operating while intoxicated and other lesser offenses, but the jury deadlocked on felony charges.  The Lake Superior Court denied Cleary’s motion for judgment on the verdict, and scheduled a new trial.  The jury in the second trial found Cleary guilty on all charges, and Cleary was sentenced to 14 years.  A divided Court of Appeals rejected Cleary’s argument that he could not be retried.  Cleary v. State, 2 N.E.3d 765 (Ind. Ct. App. 2014), vacated.  The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.

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    Courts, Indiana

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