Colton Duria Lee v. State of Indiana (mem. dec.)
29A02-1708-CR-1689
| Ind. Ct. App. | Dec 14, 2017Background
- On March 2, 2017, Colton Duria Lee and Benjamin Sanders (both jailed) had an altercation in the jail; Sanders was pushed, fell onto a metal chair, experienced severe pain, and was hospitalized for four days.
- Jail nurse Suzanne Deegan examined Sanders, observed a large red mark and breathing difficulty, arranged hospital transfer, and later relayed the hospital’s diagnosis (a collapsing lung) to jail personnel.
- Lieutenant Castor and Detective Todd Rees investigated; Sanders identified Lee as the person who pushed him immediately and again the next day; surveillance video was poor quality and ambiguous.
- At trial Det. Rees testified, without objection, that he read Lee his Miranda rights and Lee declined to talk; the jury convicted Lee of battery resulting in moderate bodily injury (Level 6 felony).
- On appeal Lee contended (1) admission of testimony about his post‑Miranda silence violated Doyle v. Ohio and (2) his trial counsel was ineffective for failing to object to that testimony and to Deegan’s testimony about the hospital diagnosis.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of testimony that Lee remained silent after Miranda warnings (Doyle claim) | State: mention of silence was not used to impeach or prove guilt; harmless and not improperly exploited | Lee: post‑Miranda silence was introduced and used to imply guilt, violating Doyle | Court: Waived by failure to object; on the merits, no Doyle violation because silence was not used to subvert the defense or as proof of guilt |
| Ineffective assistance for failure to object to (a) post‑Miranda silence testimony and (b) nurse’s testimony about hospital diagnosis | Lee: counsel’s failure to object was deficient and prejudiced the defense | State: even if deficient, no prejudice — other strong non‑hearsay evidence supported conviction and seriousness of injury | Court: No prejudice shown; conviction would likely have been the same, so ineffective assistance claim fails |
Key Cases Cited
- Doyle v. Ohio, 426 U.S. 610 (1976) (using post‑Miranda silence against a defendant may violate due process)
- Wainwright v. Greenfield, 474 U.S. 284 (1986) (Doyle applies to use of silence to establish guilt)
- Strickland v. Washington, 466 U.S. 668 (1984) (two‑part test for ineffective assistance: performance and prejudice)
- Kubsch v. State, 784 N.E.2d 905 (Ind. 2003) (Doyle prohibits use of silence as affirmative proof in the State’s case in chief)
- Lindgren v. Lane, 925 F.2d 198 (7th Cir. 1991) (Doyle’s focus is on the particular use of post‑arrest silence rather than any mention of the right itself)