ISOM v. STATE

No. 49S02-9503-PC-346.

651 N.E.2d 1151 (1995)

Carl ISOM, Appellant (Petitioner below), v. STATE of Indiana, Appellee (Respondent below).

Supreme Court of Indiana.

June 13, 1995.


Attorney(s) appearing for the Case

Susan K. Carpenter, Public Defender, Hope Fey, Deputy Public Defender, Indianapolis, for appellant.

Pamela Carter, Atty. Gen., Julie Zandstra Frazee, Deputy Atty. Gen., Indianapolis, for appellee.


SELBY, Justice.

The issue on appeal is whether a jury instruction, which at one point suggests that sudden heat is an element of voluntary manslaughter, constitutes fundamental error. Because the instruction, read in its totality, clearly explains that sudden heat is a mitigator that reduces what would otherwise constitute murder to voluntary manslaughter, we conclude that it is not.

I.

After a jury trial, Isom was convicted of murder and conspiracy...

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