Opinion

Pennycuff v. State

  • 745 N.E.2d 804
  • 2001 Ind. LEXIS 344
  • 2001 WL 393012
Court
Indiana Supreme Court
Filed
Apr 18, 2001
Status
Published
Author
Dickson
On the bench
Shepard, Sullivan, Rucker, Dickson, Boehm
Cited by
33 cases

concluding that evidence of defendant’s silence was admissible to rebut the defendant’s claims that he had cooperated with police

How later courts described this case

  • concluding that evidence of defendant’s silence was admissible to rebut the defendant’s claims that he had cooperated with police
  • "`When an ineffective assistance claim is predicated on counsel's failure to interpose an objection, appellant has the burden to show that a proper objection would have been sustained by the trial court.'" (citation omitted)
  • counsel’s decision to waive “perfunctory objections having little chance of success or no direct or substantial relationship to the main thrust of the defense is within the realm of reasonable trial strategy”
  • “The defense attorney may well have decided, however, to let the brief statement pass unremarked rather than to highlight it with even a sustainable objection.”

Written by the judges who cited it.

The opinion

DICKSON, Justice,

dissenting.

I agree with the analysis of Justice Boehm in Part I of his dissenting opinion. Because these considerations lead me to conclude that the judgment of the trial © court should be reversed, I express no opinion on the remaining issues.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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