Indiana Supreme Court

Delmar Kelly, Appellant (defendant Below) v. State of Indiana, Appellee (plaintiff Below)

May 22, 2019122 N.E.3d 803

Summary

The court affirmed Kelly's convictions, holding that his defense theory opened the door to the State's use of evidence and argument concerning his post-arrest, pre-Miranda silence. Even assuming the evidence was improperly admitted, the court concluded that the limited references and substantial evidence of guilt did not constitute fundamental error.