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COA discusses jury-selection procedures

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Despite being sensitive to a defendant's concerns about having no African-Americans included in his jury pool, the Indiana Court of Appeals affirmed his felony convictions of altering an original identification number and auto theft.

Darmon D. Bond challenged his felony convictions, arguing that the lack of African-Americans in the jury pool violated his Sixth Amendment jury trial rights; the admission of fingerprint test results violated his Sixth Amendment confrontation rights; and there wasn't sufficient evidence to support his conviction.

Police found a man's missing car parked outside Bond's home. The vehicle identification number and license plate didn't match the car. A forensic lab technician dusted for fingerprints and found prints on duct tape and the paper license plate; an examiner identified the prints as those of Bond. The technician and examiner testified at trial, but the person responsible for verifying the first examiner's results didn't appear or testify.

Bond had moved to strike the entire venire because it didn't represent a fair cross-section of the community, but the judge denied the motion, noting how the jury-panel selection process is entirely random.

In Darmon D. Bond v. State of Indiana, No. 71A03-0910-CR-457, the appellate court determined it was bound by Duren v. Missouri, 439 U.S. 357, 364 (1979), and Ewing v. State, 719 N.E.2d 1221, 1226 (Ind. 1999), and that Bond's claim can't prevail under Duren. Bond still asked the appellate court to change the criteria for determining whether the jury-selection procedure actually produces juries that are representative cross-sections of the community.

Judge Nancy Vaidik wrote the court was sensitive to Bond's concerns because jury-selection procedures in Indiana have changed recently in that the lists are now created by the state Judicial Center. Also, in other race- or gender-based constitutional jury challenges, the burden shifts more easily to the state to establish the legitimacy and neutrality of its procedures.

"Given the practical difficulties of showing systematic exclusion of minorities from jury pools in Indiana, we think easing the Duren burden for Hoosiers may be worth considering," she wrote, noting it's a good first step that the selection procedures are available online.

The appellate court also found that the method the examiner claimed to use was followed and her opinion was admissible. And because the absent examiner's results were never referenced at his trial, there is no predicate for a Sixth Amendment confrontation violation. The judges also affirmed sufficient evidence to support Bond's convictions.

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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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