976 N.E.2d 146
Ind. Ct. App.2012Background
- D.B. was convicted of murder and sentenced to 60 years with 5 suspended to probation.
- Joint trial with codefendant Love; Morris testified as a jailhouse informant recounting separate confessions by each defendant.
- Trial court denied mistrial/Bruton issue after Morris’s testimony; no Bruton violation found on direct appeal.
- PCR petition claimed ineffective assistance for counsel’s failure to seek severance; court denied.
- On appeal, D.B. challenges the PCR denial and reargues Bruton/ severance issues; appellate standard of review applied.
- Court affirms denial of post-conviction relief.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| IAC claim based on failure to sever | D.B. asserts counsel ineffectively failed to move to sever. | D.B. argues severance would have prevented Bruton problems. | No ineffective assistance; severance issue barred by res judicata. |
| Bruton issue reconsideration barred | D.B. contends Bruton violation and merits reconsideration. | State argues Bruton issue already decided and barred. | Res judicata precludes relitigation of Bruton-based claim. |
Key Cases Cited
- Bruton v. U.S., 391 U.S. 123 (U.S. 1968) (prohibits use of nontestifying codefendant’s facially incriminating statement)
- Richardson v. Marsh, 481 U.S. 200 (U.S. 1987) (confrontation implications of codefendant’s statements)
- Cruz v. New York, 481 U.S. 186 (U.S. 1987) (limits on admissibility of confessions in Bruton context)
- Lee v. Illinois, 476 U.S. 530 (U.S. 1986) (reliability concerns for accomplice confessions)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (standard for ineffective assistance of counsel)
- Cook v. State, 675 N.E.2d 687 (Ind. 1996) (IAC standard in Indiana cases)
- Roberts v. State, 953 N.E.2d 559 (Ind. Ct. App. 2011) (PCR standard of review and deference to factual findings)
- Hermitage Ins. Co. v. Salts, 698 N.E.2d 856 (Ind. Ct. App. 1998) (preclusion of relitigation in res judicata context)
- Reed v. State, 856 N.E.2d 1189 (Ind. 2006) (claim preclusion principles in PCR)
- D.B. v. State, 916 N.E.2d 750 (Ind. Ct. App. 2010) (previous direct appeal holding on Bruton issue)
- Ben-Yisrayl v. State, 738 N.E.2d 253 (Ind. 2000) (res judicata principle in post-conviction)