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COA rules on anonymous juries

Jennifer Nelson
January 1, 2007
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The Indiana Court of Appeals ruled on a case with a matter of first impression involving the use of anonymous juries and if they are reviewable under the harmless error analysis.

In Carl A. Major v. State of Indiana, http://www.in.gov/judiciary/opinions/pdf/09280701cjb.pdf 45A03-0610-CR-483, Carl Major appealed his convictions of murder in the perpetration of a robbery and aggravated felony, and his aggregate sentence of 175 years in prison, arguing the trial court erred in empanelling an anonymous jury and that his sentence is inappropriate.

Major and two other males participated in a home invasion and robbery of a house in Hobart where crack was sold that had six individuals inside. One of his accomplices shot and killed three of the individuals and wounded two. Fearing the police were near, the three men ran from the site, but Major was apprehended a short while later. Major admitted to the police he agreed to help one of the men handle some business in exchange for getting paid, he knew they were going to commit a robbery, and that he carried a gun and guarded the house so no one could leave.

During voir dire in Major's trial, the defense counsel objected to the use of the "local rule," which prevented both counsels from having the names of the jurors. The court overruled, stating it would keep the names of the jurors at the bench and record the names with the court administrator's office in case there are issues of impropriety with the jury.

Major was sentenced to 55 years for each murder conviction and 10 years for the aggravated battery conviction; he was to serve those consecutively for a total of 175 years.

Major appealed, contending the use of an anonymous jury denied him certain federal rights to a fair trial and impartial jury. This is a case of first impression in Indiana, and the Court of Appeals looked to other courts for their rulings on the matter, including the 7th Circuit Court of Appeals. That court has found empanelment of anonymous juries implicates a defendant's Fifth Amendment right to presumption of innocence. United States V. Mansoori, 304 F.3d 635, 650 (7th Cir. 2002). The appeals court noted many courts, including the 7th Circuit, have also observed that empaneling an anonymous jury may interfere with a defendant's right to a trial by an impartial jury under the Sixth Amendment. United States v. Shryock, 342 F.3d at 971 (9th Cir. 2003).

Appellate courts considering this issue have relied on the standard that a trial court may have an anonymous jury if it concludes there is strong reason to believe the jury needs protection and takes reasonable measures to minimize any prejudicial effects on the defendant and to ensure his fundamental rights are protected. Courts may consider issues such as the defendant's involvement in organized crime, past attempts to interfere with judicial process, and whether publicity regarding the case presents prospective danger to the jurors.

The Court of Appeals concludes Indiana should adopt a similar position as other courts have regarding the use of anonymous juries and each case should be evaluated on a case-by-case basis. In evaluating Major's case, the court determined the use of an anonymous jury was an error because the trial court did not make a factual determination that the jury needed protection, it just alluded to the "local rule."

The state contends this was a harmless error, and the 7th Circuit has applied the harmless error analysis to the anonymous jury question. In this case, "given Major's confessions, the otherwise thorough nature of the voir dire, and the court's instructions regarding Major's presumption of innocence, we are convinced the error of the anonymous jury in this case was harmless," wrote Judge Cale Bradford. The court also affirmed Major's sentence was not inappropriate in light of his character and nature of his offenses.
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  1. I have been on this program while on parole from 2011-2013. No person should be forced mentally to share private details of their personal life with total strangers. Also giving permission for a mental therapist to report to your parole agent that your not participating in group therapy because you don't have the financial mean to be in the group therapy. I was personally singled out and sent back three times for not having money and also sent back within the six month when you aren't to be sent according to state law. I will work to het this INSOMM's removed from this state. I also had twelve or thirteen parole agents with a fifteen month period. Thanks for your time.

  2. Our nation produces very few jurists of the caliber of Justice DOUGLAS and his peers these days. Here is that great civil libertarian, who recognized government as both a blessing and, when corrupted by ideological interests, a curse: "Once the investigator has only the conscience of government as a guide, the conscience can become ‘ravenous,’ as Cromwell, bent on destroying Thomas More, said in Bolt, A Man For All Seasons (1960), p. 120. The First Amendment mirrors many episodes where men, harried and harassed by government, sought refuge in their conscience, as these lines of Thomas More show: ‘MORE: And when we stand before God, and you are sent to Paradise for doing according to your conscience, *575 and I am damned for not doing according to mine, will you come with me, for fellowship? ‘CRANMER: So those of us whose names are there are damned, Sir Thomas? ‘MORE: I don't know, Your Grace. I have no window to look into another man's conscience. I condemn no one. ‘CRANMER: Then the matter is capable of question? ‘MORE: Certainly. ‘CRANMER: But that you owe obedience to your King is not capable of question. So weigh a doubt against a certainty—and sign. ‘MORE: Some men think the Earth is round, others think it flat; it is a matter capable of question. But if it is flat, will the King's command make it round? And if it is round, will the King's command flatten it? No, I will not sign.’ Id., pp. 132—133. DOUGLAS THEN WROTE: Where government is the Big Brother,11 privacy gives way to surveillance. **909 But our commitment is otherwise. *576 By the First Amendment we have staked our security on freedom to promote a multiplicity of ideas, to associate at will with kindred spirits, and to defy governmental intrusion into these precincts" Gibson v. Florida Legislative Investigation Comm., 372 U.S. 539, 574-76, 83 S. Ct. 889, 908-09, 9 L. Ed. 2d 929 (1963) Mr. Justice DOUGLAS, concurring. I write: Happy Memorial Day to all -- God please bless our fallen who lived and died to preserve constitutional governance in our wonderful series of Republics. And God open the eyes of those government officials who denounce the constitutions of these Republics by arbitrary actions arising out capricious motives.

  3. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

  4. "Meanwhile small- and mid-size firms are getting squeezed and likely will not survive unless they become a boutique firm." I've been a business attorney in small, and now mid-size firm for over 30 years, and for over 30 years legal consultants have been preaching this exact same mantra of impending doom for small and mid-sized firms -- verbatim. This claim apparently helps them gin up merger opportunities from smaller firms who become convinced that they need to become larger overnight. The claim that large corporations are interested in cost-saving and efficiency has likewise been preached for decades, and is likewise bunk. If large corporations had any real interest in saving money they wouldn't use large law firms whose rates are substantially higher than those of high-quality mid-sized firms.

  5. The family is the foundation of all human government. That is the Grand Design. Modern governments throw off this Design and make bureaucratic war against the family, as does Hollywood and cultural elitists such as third wave feminists. Since WWII we have been on a ship of fools that way, with both the elite and government and their social engineering hacks relentlessly attacking the very foundation of social order. And their success? See it in the streets of Fergusson, on the food stamp doles (mostly broken families)and in the above article. Reject the Grand Design for true social function, enter the Glorious State to manage social dysfunction. Our Brave New World will be a prison camp, and we will welcome it as the only way to manage given the anarchy without it.

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