Kellam v. State

Summary

The Court affirmed the denial of relief on Kellam’s claims concerning the amended indictment and counsel’s failure to request an accomplice-liability instruction under Section 274. It held that the indictment claim was procedurally barred and that counsel’s decision to pursue an all-or-nothing defense was objectively reasonable. The Court reversed the vacatur of the felony-murder convictions because, although counsel performed deficiently by failing to recognize the erroneous instruction, Kellam failed to establish a reasonable probability of a different verdict.