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

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Bill Satterlee is, indeed, a true jazz aficionado. Part of my legal career was spent as an associate attorney with Hoeppner, Wagner & Evans in Valparaiso. Bill was instrumental (no pun intended) in introducing me to jazz music, thereby fostering my love for this genre. We would, occasionally, travel to Chicago on weekends and sit in on some outstanding jazz sessions at Andy's on Hubbard Street. Had it not been for Bill's love of jazz music, I never would have had the good fortune of hearing it played live at Andy's. And, most likely, I might never have begun listening to it as much as I do. Thanks, Bill.

  2. The child support award is many times what the custodial parent earns, and exceeds the actual costs of providing for the children's needs. My fiance and I have agreed that if we divorce, that the children will be provided for using a shared checking account like this one(http://www.mediate.com/articles/if_they_can_do_parenting_plans.cfm) to avoid the hidden alimony in Indiana's child support guidelines.

  3. Fiat justitia ruat caelum is a Latin legal phrase, meaning "Let justice be done though the heavens fall." The maxim signifies the belief that justice must be realized regardless of consequences.

  4. Indiana up holds this behavior. the state police know they got it made.

  5. Additional Points: -Civility in the profession: Treating others with respect will not only move others to respect you, it will show a shared respect for the legal system we are all sworn to protect. When attorneys engage in unnecessary personal attacks, they lose the respect and favor of judges, jurors, the person being attacked, and others witnessing or reading the communication. It's not always easy to put anger aside, but if you don't, you will lose respect, credibility, cases, clients & jobs or job opportunities. -Read Rule 22 of the Admission & Discipline Rules. Capture that spirit and apply those principles in your daily work. -Strive to represent clients in a manner that communicates the importance you place on the legal matter you're privileged to handle for them. -There are good lawyers of all ages, but no one is perfect. Older lawyers can learn valuable skills from younger lawyers who tend to be more adept with new technologies that can improve work quality and speed. Older lawyers have already tackled more legal issues and worked through more of the problems encountered when representing clients on various types of legal matters. If there's mutual respect and a willingness to learn from each other, it will help make both attorneys better lawyers. -Erosion of the public trust in lawyers wears down public confidence in the rule of law. Always keep your duty to the profession in mind. -You can learn so much by asking questions & actively listening to instructions and advice from more experienced attorneys, regardless of how many years or decades you've each practiced law. Don't miss out on that chance.

ADVERTISEMENT