Jason Eichelberger v. State of Indiana (mem. dec.)
49A04-1602-PC-395
| Ind. Ct. App. | Dec 15, 2017Background
- In 1999 Jason Eichelberger stabbed James Beasley during a chase; Beasley died. The State charged Eichelberger with murder.
- At Eichelberger’s first trial (2000) the jury convicted him and he was sentenced to 55 years; the Indiana Supreme Court affirmed.
- On post-conviction review the Court of Appeals found trial counsel had failed to properly instruct the jury regarding the absence of sudden heat as an element of murder; the conviction was vacated and a new trial ordered.
- At the second trial (2007) Eichelberger testified he had voluntarily huffed toluene; the court gave a voluntary-intoxication instruction stating voluntary intoxication is not a defense to murder. Counsel did not object; the jury convicted and he was sentenced to 55 years.
- Eichelberger raised ineffective-assistance claims in post-conviction proceedings, arguing trial counsel should have objected to the voluntary-intoxication instruction and appellate counsel should have argued fundamental error on appeal. The post-conviction court denied relief; this appeal follows.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Trial counsel ineffective for failing to object to voluntary-intoxication instruction | Counsel erred by not objecting to an instruction that eliminated intoxication as a defense | Issue already litigated on direct appeal; instruction was a correct statement of law supported by evidence | Claim barred by res judicata; post-conviction court did not err |
| Appellate counsel ineffective for failing to raise fundamental-error argument on voluntary-intoxication instruction | Appellate counsel should have argued the instruction was fundamental error despite the lack of trial objection | Same res judicata defense; appellate waiver was considered on direct appeal | Claim barred by res judicata; post-conviction relief denied |
Key Cases Cited
- Eichelberger v. State, 773 N.E.2d 264 (Ind. 2002) (direct-appeal decision affirming first conviction)
- Eichelberger v. State, 852 N.E.2d 631 (Ind. Ct. App. 2006) (court found trial counsel’s jury instruction error required new trial)
- Stephenson v. State, 864 N.E.2d 1022 (Ind. 2007) (ineffective-assistance standard: performance and prejudice)
- Stevens v. State, 770 N.E.2d 739 (Ind. 2002) (post-conviction procedure and burden of proof)
- Jervis v. State, 28 N.E.3d 361 (Ind. Ct. App. 2015) (res judicata bars re-litigation of issues decided on direct appeal)