Roderick Lee, Appellant (petitioner Below) v. State of Indiana, Appellee (respondent Below)

Summary

The court affirmed the denial of post-conviction relief, holding that Lee's burglary and attempted armed robbery convictions did not violate Indiana's actual-evidence double-jeopardy test. Although the facts could logically support both offenses, the evidence, charging information, jury instructions, and closing argument showed no reasonable possibility that the jury used exactly the same facts for both convictions. Because no double-jeopardy violation occurred, Lee could not establish prejudice from counsel's failure to raise the claim.