Ashley v. State
Docket: No. 46A03-9509-PC-316
Court: Indiana Court of Appeals; June 21, 1996; Indiana; State Appellate Court
The State of Indiana successfully petitioned for rehearing concerning the case of Ashley v. State, where the appellate court initially found error in the trial court's jury instructions related to intent. However, upon review in light of the Indiana Supreme Court's ruling in Arthur v. State, the appellate court upheld the denial of Ashley's post-conviction relief. While the court maintained its previous conclusion regarding the trial court's error, it revised its stance on whether this error resulted in manifest injustice. The Supreme Court's decision in Arthur emphasized that revisiting prior rulings should only occur under extraordinary circumstances where a decision is clearly erroneous and leads to manifest injustice. In Ashley's case, the court determined that there was overwhelming evidence of his intent to kill his ex-wife, including actions such as breaking into her home, threatening her with a gun, and attempting to kill her after she survived the initial attack. As a result, the court concluded that the jury instruction error did not result in manifest injustice. Consequently, the doctrine of res judicata barred Ashley from re-litigating the issue of intent instructions in his post-conviction motion. The original judgment of the post-conviction court was affirmed, and the previous opinion was vacated. Judges Garrard and Kirsch concurred with the decision.