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Shields v. State

William SHIELDS, Appellant, (Defendant/Petitioner Below), v. STATE of Indiana, Petitioner Appellee (Plaintiff/Respondent Below)

Shields v. State, 493 N.E.2d 460 (Ind. 1986)
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Court
Indiana Supreme Court · State Highest Courts
Decided
June 3, 1986
Docket
No. 1081S304
Judges
DeBRULER, Dickson, Givan, Pivar-Nik, Shepard
Citations
493 N.E.2d 4601986 Ind. LEXIS 1169

Opinion — Shepard

SHEPARD, Justice.

William Shields was convicted of murder and felony murder and a life sentence was imposed. This Court recently affirmed the murder conviction and the denial of Shields' petition for post-conviction relief. Shields v. State (1986), Ind., 490 N.E.2d 292 . We remanded with instructions to the trial court to vacate the conviction for felony murder. From that order the State now petitions for rehearing.

Shields committed one homicide, yet he was convicted of both murder and felony murder. Murder and felony murder constitute the same offense, and one may not be twice punished for a single homicide. Bean v. State (1978), 267 Ind. 528 , 371 N.E.2d 713 . The State argues that because only one life sentence was imposed, Shields was not twice punished, and the double conviction should stand.

Prevailing authority is to the contrary. A record of conviction has potential social and legal consequences which operate irrespective of whether a sentence is imposed. Benton v. Maryland (1969), 395 U.S. 784 , 89 S.Ct. 2056 , 23 L.Ed.2d 707 . Clearly, a judgment of conviction alone, without imprisonment thereon, constitutes punish ment. Ball v. United States (1985), 470 U.S. 856 , 105 S.Ct. 1668 , 84 L.Ed.2d 740 ; Bean v. State, supra; Thompson v. State (1973) 259 Ind. 587 , 290 N.E.2d 724 .

The State's petition is denied.

GIVAN, C.J., and DeBRULER, PIVAR-NIK and DICKSON, JJ., concur.

How later courts describe this case

Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.

1987: 21990: 11995: 12015: 319872026peak 2015 · 3

Relies on it most ⓘ

  1. State v. Calle888 P.2d 155 (Wash. 1995)
  2. Boze v. State514 N.E.2d 275 (Ind. 1987)
  3. Sipress v. State562 N.E.2d 758 (Ind. Ct. App. 1990)
  4. Johnson v. State516 N.E.2d 1053 (Ind. 1987)
  5. Marzano Shelly v. State of Indiana (mem. dec.)No. 46A03-1404-CR-133 (Ind. Ct. App. Mar. 17, 2015)
  6. Jerome Seward v. State of Indiana (mem. dec.)No. 49A02-1408-CR-567 (Ind. Ct. App. Mar. 23, 2015)

Most recent

  1. Ryan A. Phelps v. State of Indiana (mem. dec.)No. 46A03-1501-CR-23 (Ind. Ct. App. Nov. 20, 2015)
  2. Jerome Seward v. State of Indiana (mem. dec.)No. 49A02-1408-CR-567 (Ind. Ct. App. Mar. 23, 2015)
  3. Marzano Shelly v. State of Indiana (mem. dec.)No. 46A03-1404-CR-133 (Ind. Ct. App. Mar. 17, 2015)
  4. State v. Calle888 P.2d 155 (Wash. 1995)
  5. Sipress v. State562 N.E.2d 758 (Ind. Ct. App. 1990)
  6. Johnson v. State516 N.E.2d 1053 (Ind. 1987)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 5

DepthCaseCited by
Benton v. Maryland, 395 U.S. 784 (1969) 3,231
Ball v. United States, 470 U.S. 856 (1985) 914
Thompson v. State, 290 N.E.2d 724 (Ind. 1972) 78
Bean v. State, 371 N.E.2d 713 (Ind. 1978) 54
Shields v. State, 490 N.E.2d 292 (Ind. 1986) 8

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