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Justices address forum-shopping

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The Indiana Supreme Court has clarified that a defendant who claims forum-shopping has happened in a criminal case does not need to establish prejudice in order to prevail on appeal. While the justices found no violation occurred in Jesse J. Harris, Jr. v. State of Indiana, No. 34S02-1203-CR-169, and affirmed the trial court ruling, the court has asked Howard County judges to review a local rule.

The case involves a murder in April 2008, when Jesse J. Harris, Jr. and two others left a strip club in Kokomo and followed a white Monte Carlo. They shot one man and two underage girls, and one of those girls was killed. A jury convicted Harris and the court sentenced him to the maximum 165 years for three counts combined.

The Court of Appeals affirmed last year, and in granting transfer the Supreme Court summarily affirmed the COA’s decision on all but one issue. The claim involving the state’s violation of a case-filing rule is what the justices have now clarified.

On appeal, Harris argued that the only reason his trial occurred in Howard Superior 1 was because the prosecutors engaged in forum-shopping. The Howard Circuit and Superior courts adopted a rule providing for a weekly rotation among the Circuit, Superior II and Superior IV judges – requiring a prosecutor to file felony charges in the court designated by the weekly rotation based on when the offense occurred. An exception says that when a defendant already faces an earlier criminal charge in a court not on rotation, the prosecutor must file the felony charges in that court. In this case, Harris already had a pending criminal charge in Howard Superior 1.

The Court of Appeals found that Harris could not show he had suffered any prejudice and declined to address the merits of the claim, but the justices disagreed with that.

“We think that requiring a defendant to establish prejudice sets the bar too high and therefore hold that a defendant need not do so to win a reversal,” Chief Justice Randall T. Shepard wrote.

Harris argued that the “another charge pending” exception doesn’t apply because the first charge had already been resolved by the time the second charged was filed.

“Although Harris’s interpretation of Local Rule 29 has some force, the trial court’s reading of its own rule, approved here through the standard process, is a plausible one entitled to some deference on appeal,” Shepard wrote. “We are thus inclined to accept its interpretation and conclude that no violation occurred. Still, the shades of grey in Local Rule 29 that led to this dispute need sharpening up. We will therefore ask the judges in Howard County to draft amendments sufficient to prevent a recurrence.”





 

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  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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