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No fundamental error in jury seeing previously dismissed counts

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The Indiana Court of Appeals relied in part on two decades-old cases from the state Supreme Court to find that exposing the jury to dismissed charges did not deprive a defendant of a fundamentally fair trial.

In Eriberto Quiroz v. State of Indiana, No. 49A02-1107-CR-577, Eriberto Quiroz appealed his convictions of Class A and Class C felony child molesting and argued that he was denied a fair trial when the jury was given a copy of the charging information which included counts that had been dismissed.

Quiroz, 27, had molested the six-year-old half-sister of his friend by pulling down the girl’s pants and licking her vagina. He also threatened her with a knife to not tell anyone.

The jury was given the charging information, which included two child molesting charges that were dismissed. He didn’t object at trial and the judge specifically instructed the jury that those two counts had been withdrawn and to not consider them when evaluating the other charges. Although the appellate court couldn’t find any Indiana case directly on point, it relied on Berry v. State, 196 Ind. 258, 148 N.E. 143 (1925), and Nordyke v. State, 213 Ind. 243, 11 N.E. 2d 165 (1937), as well as decisions from outside of Indiana to find there is no error in permitting the jury to have access to an information or indictment that has dismissed counts when the jury is also told that the dismissed counts aren’t to be considered or the charging instrument isn’t evidence.

“In short, while certainly not the best practice, the trial court did not commit fundamental error in including in the jury instructions a copy of the charging information that included the counts against Quiroz that had previously been dismissed,” wrote Judge Paul Mathias.

The judges ordered that Quiroz’s Class C felony conviction be vacated because the same act was used to support the Class C felony and Class A felony charges. The judges also upheld his 40-year sentence.

 

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  1. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

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  5. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

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