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JOHNSON v. STATE

No. 20S00-9810-CR-611.

719 N.E.2d 812 (1999)

Richard J. JOHNSON, Appellant (Defendant Below), v. STATE of Indiana, Appellee (Plaintiff Below).

Supreme Court of Indiana.

November 12, 1999.

Attorney(s) appearing for the Case

Michael S. Greene, Elkhart, Indiana, Attorney for Appellant.

Jeffrey A. Modisett, Attorney General of Indiana, Randi E. Froug, Deputy Attorney General, Indianapolis, Indiana, Attorneys for Appellee.

SHEPARD, Chief Justice.

Appellant Richard Johnson was convicted of murder, Ind.Code § 35-42-1-1, and sentenced to sixty-five years in prison. In this appeal he raises one issue: "Was defense counsel ineffective in failing to ask the trial court for an immediate limiting instruction regarding an alleged accomplice and witness who was called by the State but who refused to testify?" We answer in the negative.

Statement of Facts

Johnson's trial...

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