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, 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. Especially I would like to see all the republican voting patriotic good ole boys to stop and understand that the wars they have been volunteering for all along (especially the past decade at least) have not been for God & Jesus etc no far from it unless you think George Washington's face on the US dollar is god (and we know many do). When I saw the movie about Chris Kyle, I thought wow how many Hoosiers are just like this guy, out there taking orders to do the nasty on the designated bad guys, sometimes bleeding and dying, sometimes just serving and coming home to defend a system that really just views them as reliable cannon fodder. Maybe if the Christians of the red states would stop volunteering for the imperial legions and begin collecting welfare instead of working their butts off, there would be a change in attitude from the haughty professorial overlords that tell us when democracy is allowed and when it isn't. To come home from guarding the borders of the sandbox just to hear if they want the government to protect this country's borders then they are racists and bigots. Well maybe the professorial overlords should gird their own loins for war and fight their own battles in the sandbox. We can see what kind of system this really is from lawsuits like this and we can understand who it really serves. NOT US.... I mean what are all you Hoosiers waving the flag for, the right of the president to start wars of aggression to benefit the Saudis, the right of gay marriage, the right for illegal immigrants to invade our country, and the right of the ACLU to sue over displays of Baby Jesus? The right of the 1 percenters to get richer, the right of zombie banks to use taxpayer money to stay out of bankruptcy? The right of Congress to start a pissing match that could end in WWIII in Ukraine? None of that crud benefits us. We should be like the Amish. You don't have to go far from this farcical lawsuit to find the wise ones, they're in the buggies in the streets not far away....

  2. Moreover, we all know that the well heeled ACLU has a litigation strategy of outspending their adversaries. And, with the help of the legal system well trained in secularism, on top of the genuinely and admittedly secular 1st amendment, they have the strategic high ground. Maybe Christians should begin like the Amish to withdraw their services from the state and the public and become themselves a "people who shall dwell alone" and foster their own kind and let the other individuals and money interests fight it out endlessly in court. I mean, if "the people" don't see how little the state serves their interests, putting Mammon first at nearly every turn, then maybe it is time they wake up and smell the coffee. Maybe all the displays of religiosity by American poohbahs on down the decades have been a mask of piety that concealed their own materialistic inclinations. I know a lot of patriotic Christians don't like that notion but I entertain it more and more all the time.

  3. If I were a judge (and I am not just a humble citizen) I would be inclined to make a finding that there was no real controversy and dismiss them. Do we allow a lawsuit every time someone's feelings are hurt now? It's preposterous. The 1st amendment has become a sword in the hands of those who actually want to suppress religious liberty according to their own backers' conception of how it will serve their own private interests. The state has a duty of impartiality to all citizens to spend its judicial resources wisely and flush these idiotic suits over Nativity Scenes down the toilet where they belong... however as Christians we should welcome them as they are the very sort of persecution that separates the sheep from the wolves.

  4. What about the single mothers trying to protect their children from mentally abusive grandparents who hide who they truly are behind mounds and years of medication and have mentally abused their own children to the point of one being in jail and the other was on drugs. What about trying to keep those children from being subjected to the same abuse they were as a child? I can understand in the instance about the parent losing their right and the grandparent having raised the child previously! But not all circumstances grant this being OKAY! some of us parents are trying to protect our children and yes it is our God given right to make those decisions for our children as adults!! This is not just black and white and I will fight every ounce of this to get denied

  5. Mr Smith the theory of Christian persecution in Indiana has been run by the Indiana Supreme Court and soundly rejected there is no such thing according to those who rule over us. it is a thought crime to think otherwise.