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. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...