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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. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

  2. Thank you for this post . I just bought a LG External DVD It came with Cyber pwr 2 go . It would not play on Lenovo Idea pad w/8.1 . Your recommended free VLC worked great .

  3. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

  4. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

  5. I have no doubt that the ADA and related laws provide that many disabilities must be addressed. The question, however, is "by whom?" Many people get dealt bad cards by life. Some are deaf. Some are blind. Some are crippled. Why is it the business of the state to "collectivize" these problems and to force those who are NOT so afflicted to pay for those who are? The fact that this litigant was a mere spectator and not a party is chilling. What happens when somebody who speaks only East Bazurkistanish wants a translator so that he can "understand" the proceedings in a case in which he has NO interest? Do I and all other taxpayers have to cough up? It would seem so. ADA should be amended to provide a simple rule: "Your handicap, YOUR problem". This would apply particularly to handicapped parking spaces, where it seems that if the "handicap" is an ingrown toenail, the government comes rushing in to assist the poor downtrodden victim. I would grant wounded vets (IED victims come to mind in particular) a pass on this.. but others? Nope.

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