Caldwell violation in Indiana

2004The Court has limited this general rule, in requiring that "To establish a Caldwell violation, a defendant necessarily must show that the remarks to the jury improperly described the role assigned to the jury by local law." Dugger v. Adams, 489 U.S. 401, 407 , 109 S.Ct. 1211 , 103 L.Ed.2d 435 (1989).

2004The Court has limited this general rule, in requiring that "To establish a Caldwell violation, a defendant necessarily must show that the remarks to the jury improperly described the role assigned to the jury by local law." Dugger v. Adams, 489 U.S. 401, 407 , 109 S.Ct. 1211 , 103 L.Ed.2d 435 (1989).

2019See Woods v. State, 701 N.E.2d 1208, 1221 (Ind. 1998) (“[I]neffective assistance of appellate counsel requires the petitioner to overcome the double presumption of attorney competence at both trial and appellate levels.”).

2004Berwanger v. State, 262 Ind. 339, 345 , 315 N.E.2d 704, 707 (1974) (remanding to the trial court for a new sentencing hearing and stating that because of this disposition, it is not necessary to address defendant's constitutional claim); State v. Darlington, 153 Ind. 1, 4 , 53 N.E. 925, 926 (1899) ("It is a rule of decision, that courts will not pass upon a constitutional question, and decide a statute to be invalid, unless a decision on that very point becomes .... absolutely necessary to a disposition of the cause on its merits."); see also Ashwander v. Temm.

2004Berwanger v. State, 262 Ind. 339, 345 , 315 N.E.2d 704, 707 (1974) (remanding to the trial court for a new sentencing hearing and stating that because of this disposition, it is not necessary to address defendant's constitutional claim); State v. Darlington, 153 Ind. 1, 4 , 53 N.E. 925, 926 (1899) ("It is a rule of decision, that courts will not pass upon a constitutional question, and decide a statute to be invalid, unless a decision on that very point becomes .... absolutely necessary to a disposition of the cause on its merits."); see also Ashwander v. Temm.

2004Berwanger v. State, 262 Ind. 339, 345 , 315 N.E.2d 704, 707 (1974) (remanding to the trial court for a new sentencing hearing and stating that because of this disposition, it is not necessary to address defendant's constitutional claim); State v. Darlington, 153 Ind. 1, 4 , 53 N.E. 925, 926 (1899) ("It is a rule of decision, that courts will not pass upon a constitutional question, and decide a statute to be invalid, unless a decision on that very point becomes .... absolutely necessary to a disposition of the cause on its merits."); see also Ashwander v. Tenn. Valley Auth., 297 U.S. 288, 347

2004Berwanger v. State, 262 Ind. 339, 345 , 315 N.E.2d 704, 707 (1974) (remanding to the trial court for a new sentencing hearing and stating that because of this disposition, it is not necessary to address defendant's constitutional claim); State v. Darlington, 153 Ind. 1, 4 , 53 N.E. 925, 926 (1899) ("It is a rule of decision, that courts will not pass upon a constitutional question, and decide a statute to be invalid, unless a decision on that very point becomes .... absolutely necessary to a disposition of the cause on its merits."); see also Ashwander v. Tenn. Valley Auth., 297 U.S. 288, 347

2004Berwanger v. State, 262 Ind. 339, 345 , 315 N.E.2d 704, 707 (1974) (remanding to the trial court for a new sentencing hearing and stating that because of this disposition, it is not necessary to address defendant's constitutional claim); State v. Darlington, 153 Ind. 1, 4 , 53 N.E. 925, 926 (1899) ("It is a rule of decision, that courts will not pass upon a constitutional question, and decide a statute to be invalid, unless a decision on that very point becomes .... absolutely necessary to a disposition of the cause on its merits."); see also Ashwander v. Temm.

2004Berwanger v. State, 262 Ind. 339, 345 , 315 N.E.2d 704, 707 (1974) (remanding to the trial court for a new sentencing hearing and stating that because of this disposition, it is not necessary to address defendant's constitutional claim); State v. Darlington, 153 Ind. 1, 4 , 53 N.E. 925, 926 (1899) ("It is a rule of decision, that courts will not pass upon a constitutional question, and decide a statute to be invalid, unless a decision on that very point becomes .... absolutely necessary to a disposition of the cause on its merits."); see also Ashwander v. Temm.

1990As we have noted, the decision in “Caldwell is relevant only to certain types of comment—those that mislead the jury as to its role in the sentencing process in a way that allows the jury to feel less responsible than it should for the sentencing decision.” Darden v. Wainwright, 477 U.S. 168, 184, n. 15 , 106 S.Ct. 2464, 2474, n. 15 , 91 L.Ed.2d 144 (1986).

1990As we have noted, the decision in “Caldwell is relevant only to certain types of comment—those that mislead the jury as to its role in the sentencing process in a way that allows the jury to feel less responsible than it should for the sentencing decision.” Darden v. Wainwright, 477 U.S. 168, 184, n. 15 , 106 S.Ct. 2464, 2474, n. 15 , 91 L.Ed.2d 144 (1986).