Delmar Kelly v. State of Indiana

David, Justice.

After a jury found defendant guilty of dealing in a narcotic drug and resisting law enforcement, he appealed his conviction, arguing that the trial court committed fundamental error by allowing the State to present evidence of his post-arrest, pre- Miranda silence during trial. Finding that Kelly opened the door to this evidence and also finding no fundamental error, we affirm the trial court.

Facts and Procedural History

Detective Maples of the Hendricks County Drug Taskforce recovered a cell phone from a suspected drug dealer. He then used the phone to pose as a drug dealer…