Indiana Supreme Court

Bruce Ryan, Appellant (defendant) v. State of Indiana, Appellee (plaintiff)

June 3, 20142014 Ind. LEXIS 453

Summary

The court held that the defendant procedurally defaulted his prosecutorial-misconduct claims by failing to object during closing argument or seek an admonishment and mistrial. Although one “send the message” argument improperly invited conviction for reasons other than the defendant’s guilt, the misconduct did not constitute fundamental error because the jury received correct instructions, the evidence was substantial, and the jury acquitted on one charge. The court therefore affirmed the convictions.