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Judges: Court should have questioned jurors

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Judges on the Indiana Court of Appeals disagreed as to whether a man's murder conviction should be overturned because the trial court failed to investigate the impact of threats made against the jury. The majority determined the lack of action by the trial court resulted in a fundamental error that required reversing the conviction, but that he could be retried.

"We recognize that jurors need not be absolutely insulated from all extraneous influences regarding a case," wrote Judge Nancy Vaidik for the majority. "But in this case, where the trial court instituted protective measures known to the jury as a result of juror reports of being threatened, the trial court abused its discretion by not inquiring as to the impact of those threats on the jury's impartiality."

In Chawknee Caruthers v. State of Indiana,  No. 46A05-0810-CR-623, Chawknee Caruthers appealed his murder conviction and finding he is a habitual offender following the murder of the man Caruthers believed punched and choked him earlier the same day as the murder. Eyewitnesses to the shooting, Caruthers' confessions to his friend and her mother, and other evidence led to his conviction.

At trial, the defense counsel informed the judge that at least one of the jurors felt intimidated by actions attributed to Caruthers, his family, or others associated with him. The trial court continued with the trial without questioning the jurors, but did assign extra security measures for the jurors.

On appeal, Caruthers argued his trial counsel was ineffective, the trial court erred by failing to investigate the jury sua sponte after the allegation of jury tampering was raised, and there wasn't enough evidence to convict him because the testimony of two eyewitnesses was incredibly dubious.

The trial court noted that the attorney representing Caruthers on appeal is the same one who represented him during the guilt and habitual offender phases, so he can't argue that he was ineffective per the Rules of Professional Conduct.

Addressing the trial court's failure to sua sponte question the jury regarding the threats, Judges Vaidik and Edward Najam believed the court should have done so to ensure Caruthers' right to an impartial jury wasn't violated, even if Caruthers didn't move for a polling of the jury.

"Although it was commendable for the trial court to take action to protect the jury's safety, the trial court's actions, without further investigation into the possible threats, could have led the jurors, including any jurors not directly exposed to threats, to believe that the judge believed that they were in danger and that they were, in fact, genuinely in danger," she wrote.

Even though there was sufficient evidence to convict Caruthers, the failure to ensure during trial that the defendant was tried by an impartial jury constitutes fundamental error that warrants a new trial.

Judge Ezra Friedlander dissented, agreeing with the state that the harmless error doctrine should apply to defeat Caruthers' claim of fundamental error.

"In my view, although the court should have inquired further as to the effect on the jury, if any, of the alleged actions, the failure to do so did not rise to the level of fundamental error. Thus, I would dispose of this argument by noting that it has not been preserved," he wrote.

Judge Friedlander did agree with the majority that there was sufficient evidence to support Caruthers' murder conviction and that the testimony of two witnesses in the car with him during the shooting doesn't fall under the incredible dubiosity rule.

The majority noted the state isn't barred from retrying Caruthers and can also re-prosecute the habitual offender enhancement.

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  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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