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
2015 Distinguished Barrister &
Up and Coming Lawyer Reception

Tuesday, May 5, 2015 • 4:30 - 7:00 pm
Learn More


ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

ADVERTISEMENT