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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. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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