ILNews

Alternate juror’s comment doesn’t entitle man to new trial

Back to TopCommentsE-mailPrintBookmark and Share

A trial court properly determined an alternate juror’s alleged conduct posed only a remote risk of prejudice, and the judge’s admonishment of that juror was not an error, the Indiana Court of Appeals held.

During Jorge Henriquez’s trial for Class D felony resisting law enforcement, the bailiff told Marion Superior Judge Marc Rothenberg that she believed she heard the alternate juror say “you need to be able to live with your decision” in the jury room. Rothenberg called the alternate juror into the courtroom and told him that he is not to take part in the deliberations or influence the jury in any way and is not to communicate with the jury. The jury convicted Henriquez.

The appellate court looked at Henriquez’s claim that he was denied his constitutional right to a fair and impartial jury using the fundamental error rule since Henriquez’s attorney did not object at trial to the judge’s actions. The appellate court rejected Henriquez’s claim his case is like Lindsey v. State, 260 Ind. 295 N.E.2d 819 (1973), and found it more like Henri v. Curto, 908 N.E.2d 196 (Ind. 2009). In Henri, the alternate juror allegedly used noises and hand gestures to communicate with the jury and also did exercises during deliberations, which caused the jurors to laugh. The Indiana Supreme Court found the alternate juror’s behavior immature, but it didn’t rise to the level of misconduct that would be injurious to Henri.

In the instant case, the trial court, “in its proper discretion, determined that the alternate’s alleged conduct posed only a remote risk of prejudice, if any at all,” Senior Judge John Sharpnack wrote in Jorge Henriquez v. State of Indiana, 49A02-1201-CR-6. “Therefore, no full scale inquiry was warranted.”

There was no error, fundamental or otherwise, and Henriquez didn’t meet his burden of showing that the alleged misconduct was gross and probably injurious to him, Sharpnack wrote.

 

ADVERTISEMENT

  • Twisting the facts
    The baliff said she thought she heard an alternate juror say, you need to be able to live with your decision. A definite influence on the jury and admonishment is not going to change that. Anyone that believes otherwise is really stupid. Henriquez's first line of defense is ineffective council. The court of appeals is not going to admit they are wrong even though they are. Think about it the baliff claimed she heard the statement in the jury room, but by the end of the story, that statement became hand jestures. Why was the baliff in the jury room anyway?

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Looks like 2017 will be another notable year for these cases. I have a Grandson involved in a CHINS case that should never have been. He and the whole family are being held hostage by CPS and the 'current mood' of the CPS caseworker. If the parents disagree with a decision, they are penalized. I, along with other were posting on Jasper County Online News, but all were quickly warned to remove posts. I totally understand that some children need these services, but in this case, it was mistakes, covered by coorcement of father to sign papers, lies and cover-ups. The most astonishing thing was within 2 weeks of this child being placed with CPS, a private adoption agency was asking questions regarding child's family in the area. I believe a photo that was taken by CPS manager at the very onset during the CHINS co-ocerment and the intent was to make money. I have even been warned not to post or speak to anyone regarding this case. Parents have completed all requirements, met foster parents, get visitation 2 days a week, and still the next court date is all the way out till May 1, which gives them(CPS) plenty of to time make further demands (which I expect) No trust of these 'seasoned' case managers, as I have already learned too much about their dirty little tricks. If they discover that I have posted here, I expect they will not be happy and penalized parents again. Still a Hostage.

  2. They say it was a court error, however they fail to mention A.R. was on the run from the law and was hiding. Thus why she didn't receive anything from her public defender. Step mom is filing again for adoption of the two boys she has raised. A.R. is a criminal with a serious heroin addiction. She filed this appeal MORE than 30 days after the final decision was made from prison. Report all the facts not just some.

  3. Hysteria? Really Ben? Tell the young lady reported on in the link below that worrying about the sexualizing of our children is mere hysteria. Such thinking is common in the Royal Order of Jesters and other running sex vacays in Thailand or Brazil ... like Indy's Jared Fogle. Those tempted to call such concerns mere histronics need to think on this: http://www.msn.com/en-us/news/us/a-12-year-old-girl-live-streamed-her-suicide-it-took-two-weeks-for-facebook-to-take-the-video-down/ar-AAlT8ka?li=AA4ZnC&ocid=spartanntp

  4. This is happening so much. Even in 2016.2017. I hope the father sue for civil rights violation. I hope he sue as more are doing and even without a lawyer as pro-se, he got a good one here. God bless him.

  5. I whole-heartedly agree with Doug Church's comment, above. Indiana lawyers were especially fortunate to benefit from Tom Pyrz' leadership and foresight at a time when there has been unprecedented change in the legal profession. Consider how dramatically computer technology and its role in the practice of law have changed over the last 25 years. The impact of the great recession of 2008 dramatically changed the composition and structure of law firms across the country. Economic pressures altered what had long been a routine, robust annual recruitment process for law students and recent law school graduates. That has, in turn, impacted law school enrollment across the country, placing upward pressure on law school tuition. The internet continues to drive significant changes in the provision of legal services in both public and private sectors. The ISBA has worked to make quality legal representation accessible and affordable for all who need it and to raise general public understanding of Indiana laws and procedures. How difficult it would have been to tackle each of these issues without Tom's leadership. Tom has set the tone for positive change at the ISBA to meet the evolving practice needs of lawyers of all backgrounds and ages. He has led the organization with vision, patience, flexibility, commitment, thoughtfulness & even humor. He will, indeed, be a tough act to follow. Thank you, Tom, for all you've done and all the energy you've invested in making the ISBA an excellent, progressive, highly responsive, all-inclusive, respectful & respected professional association during his tenure there.

ADVERTISEMENT