ILNews

Justices clarify jury taint, mistrial standards

Back to TopCommentsE-mailPrintBookmark and Share

Because the Indiana Court of Appeals cited three different mistrial standards in a man’s appeal of the denial of his motion for a mistrial, the Indiana Supreme Court took his case to clarify its precedent for trial courts to use to determine whether a mistrial is a cure for a jury taint.

Five days into Ernesto Ramirez’s murder and criminal gang activity trial, Juror 282 informed the court about a shooting at her home the night before. The juror said her neighbor heard gun shots in the apartment above her and “told them I was a jury member in a case.” She also told other jurors about the incident. She was removed from the jury, but the trial court denied Ramirez’s motion for a mistrial. The judge found the jury could remain impartial.

“Federal and Indiana precedent has narrowed the presumption of prejudice to apply in cases where the defendants show more than just potential taint – but some Indiana precedent, including our own, has applied that presumption inconsistently,” Justice Loretta Rush wrote in Ernesto Roberto Ramirez v. State of Indiana, 45S05-1305-CR-331. “We now clarify its precise scope, and reiterate the proper process for trial courts to address jury taint in the courtroom. We hold that no presumption applies in Ramirez’s case, and that the trial court’s approach in addressing his allegation of jury taint was correct.”

Rush pointed to previous cases in which Indiana courts have cited the presumption of prejudice but didn’t follow it. One court even concluded that the presumption of prejudice no longer existed in Indiana. But the presumption of prejudice does remain under Remmer v. United States, 347 U.S. 227, 229 (1954), and Indiana Supreme Court precedent.

“Trial courts should apply the presumption of prejudice analysis of Currin (v. State) in the context of the procedures we established in Lindsey (v. State),” Rush wrote. “Trial courts must immediately investigate suspected jury taint by thoroughly interviewing jurors collectively and individually, if necessary.

“Once defendants move for mistrial, the trial courts should assess whether or not there is enough evidence to meet the two-part showing under Currin. If so, then the presumption of prejudice applies and the burden shifts to the State to prove harmless error. If not, then the trial courts should determine whether a juror’s misconduct was gross or probably harmed the defendant.”  

Ramirez failed to show that Juror 282’s apartment incident was related to his case. She was not even sure if her status as a juror trigged the apartment shooting. Her own narration strongly suggests that no one even entered her apartment. The justices affirmed the Court of Appeals’ decision to uphold Ramirez’s sentence.

Justice Mark Massa concurred in result, writing that the majority attempted to create order by carving out a new analytical framework and questioning one of the high court’s prior decisions: Griffin v. State, 754 N.E.2d 899, (Ind. 2001). He believes the justices can synthesize the three seminal federal decisions on this issue – Remmer, Smith v. Phillips, 455 U.S. 209 (1982), and United States v. Olano, 507 U.S. 725 (1993), and articulate a reasonable rule without “doing violence to our precedent.”
 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
2015 Distinguished Barrister &
Up and Coming Lawyer Reception

Tuesday, May 5, 2015 • 4:30 - 7:00 pm
Learn More


ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

ADVERTISEMENT