Jeffery W. Cain v. State of Indiana, 955 N.E.2d 714

Cain was convicted of murder and robbery and received life without parole.
Hess, a co-defendant, testified at Cain’s guilt phase after a plea deal; Cain objected.
Investigation linked Morrow’s murder to multiple individuals; ballistics connected weapons to the crime.
Prosecutor offered plea deals to Nelson and Sanders in exchange for their testimony; Hess later agreed to testify.
Cain was sentenced after a separate penalty phase; jury found one aggravator and weighed mitigating factors.
Cain appeals, challenging Hess’s testimony and alleged prosecutorial misconduct during sentencing.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Hess testimony admissibility	Cain contends Hess’s testimony was improper due to discovery/plea process.	State asserts no deliberate misconduct; plea deals were within prosecutorial discretion.	Admission of Hess’s testimony was not reversible error.
Prosecutorial misconduct in sentencing closing	Cain argues closing misstated law and improperly urged LWOP based on nonweighed factors.	Prosecutor’s remarks were not fundamental error given weighing framework.	Not fundamental error; conviction and sentence affirmed.

Ajabu v. State, 693 N.E.2d 921 (Ind. 1998) (LWOP standard mirrors death-penalty sentencing)
Cooper v. State, 854 N.E.2d 831 (Ind. 2006) (procedure for LWOP sentencing and aggravating factors)
Warren v. State, 725 N.E.2d 828 (Ind. 2000) (discovery and timing of disclosure; use of continuances)
Williams v. State, 714 N.E.2d 644 (Ind. 1999) (trial court deference in discovery rulings)
O’Connell v. State, 742 N.E.2d 943 (Ind. 2001) (continuance to depose witness in surprise-witness scenario)
Cook v. State, 675 N.E.2d 687 (Ind. 1996) (factor-based evaluation of evidence in context of prosecutorial actions)
Warriner v. State, 435 N.E.2d 562 (Ind. 1982) (fundamental error standard and grave peril analysis)