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Wednesday, September 03, 2008
Ind. Decisions - Supreme Court issues opinion on double jeopardy issue
In Roderick Lee v. State of Indiana, an 8-page, 5-0 opinion, Justice Beohm writes:
Multiple convictions do not violate Indiana’s Double Jeopardy Clause if they logically could have been based on the same facts, but in light of the evidence, the instructions, the charges, and the argument of counsel, there is no reasonable possibility that the jury actually used exactly the same set of facts to establish both convictions. * * *We note that more deliberate prosecution of multiple offenses would avoid these double jeopardy problems. Had the charges, instructions, and closing argument cited the fact of barging into the home as to the burglary alone, and the threats and demands as to the attempted armed robbery, there would be no double jeopardy question, and the trial and appellate courts would not have been required to assess the degree of likelihood of overlapping convictions.
Because we find that Lee’s convictions do not violate Indiana’s Double Jeopardy Clause, Lee was not prejudiced by his attorney’s failure to raise the issue. He has therefore failed to es-tablish ineffective assistance of counsel.
Conclusion. The post-conviction court’s denial of Lee’s petition for relief is affirmed.
Posted by Marcia Oddi on September 3, 2008 11:58 AM
Posted to Ind. Sup.Ct. Decisions