BROWN v. STATE

No. 35S00-0107-CR-324.

799 N.E.2d 1064 (2003)

LeVohn BROWN, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Supreme Court of Indiana.

December 10, 2003.


Attorney(s) appearing for the Case

Susan K. Carpenter, Public Defender of Indiana, Gregory L. Lewis, Deputy Public Defender, Indianapolis, IN, Attorneys for Appellant.

Steve Carter, Attorney General of Indiana, Arthur Thaddeus Perry, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.


BOEHM, Justice.

In this direct criminal appeal, LeVohn Brown appeals his conviction for murder and requests a new trial on the basis that the prosecutor's closing arguments included what he contends was improper reference to Indiana's statutory penalty scheme. Because there was no request for an admonishment or motion for mistrial, the issue is foreclosed on direct appeal. Therefore, Brown contends this incident constituted fundamental error. We hold that it did not...

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