Robertson v. State

I fully concur with the majority opinion as to Issues II and III. I concur with the majority’s conclusion with respect to Issue I, but base my concurrence as to that issue upon reasoning that differs from the majority’s.

The majority concludes that the new rule enunciated in Wright v. State, 658 N.E.2d 563 should not be applied retroactively in view of the retroactivity analysis espoused by the Supreme Court in Teague v. Lane, 489 U.S. 288, 109 S.Ct. 1060, 103 L.Ed.2d 334 (1989), reh’g denied. I believe that Robertson’s appeal of this question fails for a different reason—it is barred by the…