BUSH v. STATE

No. 79S00-0012-CR-743.

775 N.E.2d 309 (2002)

Paris K. BUSH, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Supreme Court of Indiana.

September 20, 2002.


Attorney(s) appearing for the Case

Kevin R. O'Reilly, Lafayette, IN, Attorney for Appellant.

Steve Carter, Attorney General of Indiana, Monica Prekopa Talbot, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.


SULLIVAN, Justice.

The trial court in this drug prosecution instructed the jury on the subject of Defendant Paris K. Bush's failure to testify despite Defendant's objection to the use of the instruction. This violated Defendant's right against self-incrimination under Article I, § 14, of the Indiana Constitution.

Background

The facts most favorable to the judgment indicate that in February 1999, the police, with the help of a confidential...

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