Trial counsel was not ineffective for failing to seek bifurcation of SVF firearm possession charge from resisting law enforcement (RLE) charges; trial court would not have been obligated to grant bifurcation because evidence of prior conviction was relevant to RLE charge and could also have been used to strategic advantage in defending SVF charge.
Criminal
Miles v. State, No. 32A01-1412-CR-509, ___ N.E.3d ___ (Ind. Ct. App., Feb. 8, 2016).
Prosecutorial misconduct in closing-argument, showing slide highlighting defendant’s failure to produce evidence, was not fundamental error; trial court interrupted the slide and appropriately admonished the jury sua sponte, and defense did not move for mistrial.
Shane Keller v. State, No. 88S04-1506-CR-354, ___ N.E.3d ___, (Ind. Jan. 25, 2016).
Jury instruction defining “dwelling” element of B-felony burglary was misleading and invaded the province of the jury. Burglary convictions therefore had to be reduced to Class C felonies.
Montgomery v. Louisiana, No. 14-280, ___ U.S. ___, (Jan. 25, 2016).
Miller v. Alabama’s prohibition on mandatory life without parole for juvenile offenders announced a new substantive, not procedural, rule. Miller is therefore retroactive in cases of state collateral review.
Musacchio v. United States, No. 14-1095, ___ U.S. ___, (Jan. 25, 2016).
Sufficiency of evidence review does not depend on how jury was instructed; it is judged against essential elements of the offense, not against erroneous jury instruction that included an additional element.
Statute of limitations defense was not jurisdictional and therefore could not be raised for the first time on appeal.