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Justices rule trial court didn't err in granting mistrial

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The Indiana Supreme Court found that although a defendant didn’t consent to a mistrial, the trial judge didn’t abuse his discretion in finding that a mistrial was justified by “manifest necessity.”

Nathan Brock appealed his conviction of Class C felony operating a motor vehicle after forfeiture of driving privileges for life. He was charged with violating Indiana Code 9-30-10-17. His defense counsel made several improper statements to the jury, including insinuating that redacted material in Brock’s driving record may have been beneficial to Brock. The state moved for a mistrial, but Jay Superior Judge Max Ludy Jr. denied it and ordered that evidence would be reopened. After a short recess, Ludy decided to grant the request for a mistrial and discharged the jury.

Brock filed a motion to dismiss on double jeopardy grounds just before his second trial was to begin. The trial court denied that motion and he was convicted. The Indiana Court of Appeals affirmed, finding Brock waived his right to claim double jeopardy because he didn’t timely object to the state’s motion for a mistrial, and manifest necessity justified the judge’s decision.

In Nathan Brock v. State of Indiana, No. 38S02-1101-CR-8, the justices found Brock did not consent to the trial judge’s declaration of a mistrial, adopting the approach taken by the federal appellate courts which held that a defendant consents to a mistrial when he or she has an opportunity to object and fails to do so. These courts have also recognized that sometimes there is no opportunity to object and to prohibit a defendant from raising a double jeopardy claim under these circumstances would be too harsh, wrote Justice Frank Sullivan.

“Brock’s failure to object cannot be taken as tacit consent to mistrial in this case because there was no opportunity to raise a contemporaneous objection,” wrote the justice. “And the totality of the circumstances fails to reveal that Brock otherwise consented to the declaration of a mistrial.”

The Supreme Court agreed that manifest necessity supported the declaration of a mistrial. Brock’s counsel’s comments to the jury were improper, and Ludy gave the attorney several chances to explain himself and to continue with his closing without confusing the jury, but the attorney seemed to ignore the trial judge’s directions, wrote Sullivan. In addition, had the trial judge allowed the first trial to proceed and had defense counsel’s erroneous comments confused the jury to the point that it acquitted Brock, the state wouldn’t have been able to appeal that decision.
 

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  1. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  2. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

  3. I am one of Steele's victims and was taken for $6,000. I want my money back due to him doing nothing for me. I filed for divorce after a 16 year marriage and lost everything. My kids, my home, cars, money, pension. Every attorney I have talked to is not willing to help me. What can I do? I was told i can file a civil suit but you have to have all of Steelers info that I don't have. Of someone can please help me or tell me what info I need would be great.

  4. It would appear that news breaking on Drudge from the Hoosier state (link below) ties back to this Hoosier story from the beginning of the recent police disrespect period .... MCBA president Cassandra Bentley McNair issued the statement on behalf of the association Dec. 1. The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer Darren Wilson for shooting Michael Brown. “The MCBA does not believe this was a just outcome to this process, and is disheartened that the system we as lawyers are intended to uphold failed the African-American community in such a way,” the association stated. “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” http://www.thestarpress.com/story/news/local/2016/07/18/hate-cops-sign-prompts-controversy/87242664/

  5. What form or who do I talk to about a d felony which I hear is classified as a 6 now? Who do I talk to. About to get my degree and I need this to go away it's been over 7 years if that helps.

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