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Security concerns should be part of record

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The Indiana Supreme Court wants state trial judges to offer written guidance if and when courthouse or jury security concerns come up during trial.

In its Friday decision in Chawknee Caruthers v. State of Indiana, No. 46S05-0910-CR-431, the state’s five justices analyzed a high-profile murder case before LaPorte Superior Judge Kathleen Lang in 2008. The case involves Chawknee Caruthers’ shooting and killing a man after mistaking him for someone else, and a jury found Caruthers guilty of murder.

During the trial, the court took extra security measures to address juror concerns that aren’t specified in the record. The court ruling says that Caruthers’ lawyer, James Cupp from Michigan City, made a statement on the final day of trial: “There apparently is some information afloat which I would characterize as somewhat a thinly veiled allegation of jury tampering, and that concerns me greatly. Apparently, someone somewhere has received some information from a juror or jurors that one or more of them, the jurors, are feeling intimidated by actions that such juror or jurors attribute to my client. I wanted to make a record of that, Your Honor, because I think it’s a very serious allegation …”

Cupp didn’t ask the court to take any action, according to the Supreme Court decision, and the trial continued and resulted in the jury convicting Caruthers of murder and finding him to be a habitual offender. At the sentencing hearing, the trial judge acknowledged the extra security and alternative parking for jurors and said the court advised them of the ministerial aspects of the precautions, but no one ever informed the judge about anyone being personally approached or threatened.

On appeal, Caruthers argued the trial court didn’t adequately interrogate the jury about the effect those security concerns had on their impartiality. The Court of Appeals issued a 2-1 decision last year reversing the convictions, finding the lower court should have at least inquired about the issue.

But the justices disagree with that.

“To require jury interrogations in any case that calls for heightened security measures would amount to an extreme precaution against jury bias,” Chief Justice Randall T. Shepard wrote, turning to precedent to say that it can’t infer prejudice when none is shown and no relationship appears to exist between a juror and one of the parties.

But even with that, the justices do point out that lower court judges should offer as much guidance as possible to allow appellate courts to adequately review circumstances.

“We acknowledge that best practice would have been for the trial court to enter its observations into the record at the time action was taken, giving further description of the nature of the jurors’ concerns and its reasoning for taking the security measures it did and not anything more,” the chief justice wrote.
 

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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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