643 NE2D 899 - State v. Huffman

How this case has been cited

Cited by 36 later decisions — most recently August 2025 · most notably Vernon Kills on Top v. State (1996), Turner v. Housing Authority (2001)

36 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

SHEPARD, Chief Justice,

¶1dissenting.

¶2The opinion in this case makes only the most oblique reference to the issue appellant has presented in this appeal, whether the decision in Street v. State (1991), Ind., 567 N.E.2d 102, meets the retroactivity standard *902of Daniels v. State (1990), Ind., 561 N.E.2d 487, such that it may be applied to Mr. Huffman.

¶3Passing by Daniels, a seminal decision by this Court, and deciding to resolve the issue on the basis of "prejudice," Maj. op. at 900, suggests that there is not much left of Dan-tels and that pretty much any old thing will do so far as retroactivity is concerned. This seems especially untimely in light of this Court's recent declaration that its new rule prohibiting victim impact evidence will not be applied to capital cases decided before Bivins v. State (1994), Ind., 642 N.E.2d 928. After today's opinion, why not?