Davis v. State

BARNES, J.,

concurring in result in part and dissenting in part.. I respectfully dissent from the majority's affirmance of Davis's resisting law enforcement conviction and concur in result in-its affirmance of his robbery conviction and sentence.

The majority concludes that the failure to instruct the jury on the elements of resisting law enforcement, to which omission Davis did not object, did not constitute fundamental error. I do not agree. The Indiana Supreme Court has stated, "we have no doubt a total failure to give an instruction detailing the elements of the offense would be available…