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  5. Breaking News, What You Need To Know: Court Of Appeals Vacates Attempted Murder Conviction On Double Jeopardy Grounds

Breaking News, What You Need To Know: Court Of Appeals Vacates Attempted Murder Conviction On Double Jeopardy Grounds

On Behalf of Dixon & Moseley, P.C. | Jul 3, 2019 | Appellate Practice, Criminal Law, Indiana Court of Appeals

Double Jeopardy is a term that most have heard of before, whether it be from personal experience, a book, or television show. But what is this concept of “double jeopardy” and how is it applied? In a nutshell, double jeopardy protects a person from being convicted of the same crime twice. Both the U.S. Constitution and the Indiana Constitution have clauses protecting against double jeopardy. While the definition of double jeopardy seems straight forward, its application is not so clear. The Indiana Court of Appeals recently discussed the inner workings of the double jeopardy clause in their recent decision of Powel v. State.1 The refinement and clarification of “double jeopardy” in this important case is the focus of this blog post.

In Powell, the Indiana Court of Appeals reversed a Defendant’s attempted murder conviction on the grounds that it violated double jeopardy. The relevant facts are as follows: In 2017, the Defendant, Alain Powell, was in an altercation with Travis Nichols. Nichols was at the house of a man named Tyler Howard. Howard had recently borrowed Travis’ car, and Travis was claiming that Howard had refused to give the car back. Travis thereby went to Howard’s house to retrieve the car along with an individual by the name of Davyn Nichols. Howard called Powell and informed him that Travis was at his house. Powell subsequently went to Howard’s home and found Travis’ car in the driveway. The two individuals had an altercation, and upon seeing that Powell had a firearm, Travis attempted to drive away. Powell thereby fired five shots at the car and struck Davyn twice. Powell was thereby charged with eight different counts, including attempted murder of Travis and Davyn.

Powell was subsequently convicted of attempted murder, a level 1 felony, of Travis and Davyn. Powell appealed the decision of the trial court. On appeal, Powell raised three issues, with the Court ruling in the State’s favor of the first two issues. The Court of Appeals, however, agreed with Powell on his third issue raised, that being that the two attempted murder convictions violated the double jeopardy clause. In reaching this decision, the Court of Appeals pointed out the fact that the evidence presented for both convictions was virtually the same. Specifically, the Court stated, “there was no additional evidence that Powell intended to kill a specific victim or took additional steps to kill a specific victim.” As such, the Court vacated the conviction as a violation of the double jeopardy clause.

This case highlights the importance of staying up to date in the ever-changing legal landscape. Knowing the status of developments in the law is the key to avoiding criminal liability, as well as being an engaged citizenry in our participatory system of government. This blog post on a key new case was written by attorneys at Dixon & Moseley, P.C. who handle criminal defense cases and appeals of criminal convictions throughout the state. This blog is written for educational purposes only. It is not intended as legal advice or a solicitation for services. It is an advertisement.

  • Alain Kiiwon Powell, Jr. v. State of Indiana, 18A-CR-1812 (Ind. Ct. App. 2019).
  • How Many Days Do You Have to Appeal in Indiana? (2026)

    On Behalf of Dixon & Moseley, P.C. | Jul 15, 2026 | Firm News

    An Indiana appellate lawyer’s guide to Notice of Appeal deadlines, Motions to Correct Error, interlocutory appeals, and common timing mistakes. Quick Answer: How Many Days Do You Have to Appeal a Case in Indiana? In most Indiana appeals from a final judgment, the...

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    On Behalf of Dixon & Moseley, P.C. | Jul 9, 2026 | Uncategorized

    A practical Indiana appellate lawyer’s guide to Notice of Appeal deadlines, appealable orders, the appellate record, briefing, oral argument, rehearing, and transfer to the Indiana Supreme Court. If you lost a civil case in Indiana, you may wonder whether the trial...

    Common Grounds for Appeal in Indiana Civil Cases (Complete Guide)

    On Behalf of Dixon & Moseley, P.C. | Jul 1, 2026 | Uncategorized

    When a civil case does not go your way in an Indiana trial court, an appeal may provide a path to reversal, but only if certain legal errors occurred. Indiana appellate courts do not retry cases or reweigh evidence. Instead, they review whether the trial court...

    When Is Parental Consent NOT Required for Adoption in Indiana? (2026 Guide)

    On Behalf of Dixon & Moseley, P.C. | Jun 25, 2026 | Uncategorized

    Adoption in Indiana typically requires the consent of a child’s biological parents. However, Indiana law provides several important exceptions where a court may allow an adoption to proceed without a parent’s consent. Understanding these exceptions is critical;...

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    On Behalf of Dixon & Moseley, P.C. | Jun 9, 2026 | Uncategorized

    An Indiana Litigation Guide for Preserving Error on Appeal In Indiana litigation, one of the most common mistakes a trial lawyer can make is failing to object at the right time and in the right manner. The rule is simple but unforgiving: if you do not properly object, you may waive the issue for appeal. An objection must be timely…

    Waiver on Appeal: The #1 Reason Appeals Lose in Indiana

    On Behalf of Dixon & Moseley, P.C. | Jun 2, 2026 | Uncategorized

    In Indiana appellate practice, many appeals do not fail because the underlying issue lacked merit. They fail because the issue was waived. In plain terms, waiver means the appellate court will not decide an argument because it was not properly preserved in the trial court, properly supported on appeal, or properly presented under the Indiana Rules of Appellate Procedure. Common…

    How to Preserve Error for Appeal in Indiana

    On Behalf of Dixon & Moseley, P.C. | May 28, 2026 | Uncategorized

    Executive Summary There are several things that an attorney can do to ensure that an error is preserved for appeal. Making timely and specific objections and obtaining an explicit ruling from the judge on such objections can ensure that a matter is preserved. If evidence is excluded, the attorney should make offers of proof through questioning the witness outside of…

    Can a mother legally deny parenting time to an unmarried father?

    On Behalf of Dixon & Moseley, P.C. | May 10, 2026 | Uncategorized

    The answer depends on several important legal factors, including paternity, custody orders, and the best interests of the child. An unmarried mother has sole legal custody in Indiana unless a court orders otherwise. An unmarried father does not have enforceable rights until paternity is established by either signing a paternity affidavit or filing a paternity action in court. If paternity…

    What Happens to the House in an Indiana Divorce?

    On Behalf of Dixon & Moseley, P.C. | Apr 23, 2026 | Uncategorized

    Executive Summary A house is considered marital property if it is owned by one or both spouses, even if it was acquired before the marriage. Indiana law presumes that a 50/50 division of marital property is fair, but this presumption can be rebutted by a number of factors. As for the house specifically, the court may award the house to…

    How Indiana Courts Divide Retirement Accounts in Divorce

    On Behalf of Dixon & Moseley, P.C. | Apr 21, 2026 | Uncategorized

    Retirement accounts are generally considered marital property to the extent that were earned during marriage. Although retirement funds that accumulated before the marriage are not automatically excluded from the marital property, they can affect how the marital property is divided. 401(k)s and employer-sponsored retirement plans are divided using a Qualified Domestic Relations Order (QDRO), which is a court order directing…

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    • How Many Days Do You Have to Appeal in Indiana? (2026)
    • How to Appeal a Case in Indiana: Step-by-Step Guide, Deadlines, Costs, and Common Mistakes (2026)
    • Common Grounds for Appeal in Indiana Civil Cases (Complete Guide)
    • When Is Parental Consent NOT Required for Adoption in Indiana? (2026 Guide)
    • Failure to Object: When Is an Issue Waived?

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