Kelly v. State

The Supreme Court affirmed the judgment of the trial court convicting Defendant of dealing in a narcotic drug and resisting law enforcement, holding that the trial court did not commit fundamental error by allowing the State to present evidence of Defendant's post-arrest, pre-Miranda silence during trial.The court of appeals affirmed Defendant's conviction conviction, concluding that there was no error in using Defendant's post-arrest, pre-Miranda silence as substantive evidence against him during trial and that, even if there was error, it was not fundamental. The Supreme Court granted transfer and held (1) Defendant opened the door to the State's response that included comments about Defendant's post-arrest, pre-Miranda silence; and (2) even if the trial court erred in admitting the State's evidence and argument about Defendant's silence, the error was not fundamental for the reasons articulated in Owens v. State, 937 N.E.2d 880 (Ind. Ct. App. 2010). View "Kelly v. State" on Justia Law