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Dozing juror should have stayed in deliberations

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A juror who gave the lone vote to acquit and eventually refused to deliberate did not meet the criteria for removal, the Indiana Court of Appeals has ruled.

In Scott A. Wright v. State of Indiana, 45A05-1310-CR-526, the Court of Appeals vacated the conviction of Scott Wright for Class A felony child molesting and remanded for a new trial. The COA found the Lake Superior Court erred by removing Juror 356.

Two hours after deliberations had begun, the jury informed Judge Salvador Vasquez they were deadlocked. Juror 356 voted not guilty and could not be swayed to change his vote by the other jurors.

Several times the jury panel appealed to Vasquez, who asked them to continue trying to talk. Eventually, the other jurors said Juror 356 had stopped talking and appeared to be falling asleep.

Vasquez then granted the state’s motion and replaced the juror with an alternate. Explaining his reasoning for removal, the judge said, “It’s one thing to stick to your guns, it’s another to refuse to participate in the cooperative effort of deliberation.”

The Court of Appeals ruled the juror should not have been replaced because his behavior did not create an extreme situation that warranted removal. Pointing to Riggs v. State, 809 N.E.2d 322, 327 (Ind. 2004), the appeals court reiterated the criteria established by the Indiana Supreme Court for discharging a juror during deliberations.

 “Juror 356 voted for acquittal based on his determination the victim was not credible, and he would not change his mind,” Judge Melissa May wrote for the court. “His behavior does not fall within the category the Riggs Court characterized as ‘the most extreme situations where it can be shown that the removal of the juror (1) is necessary for the integrity of the process, (2) does not prejudice the deliberations of the rest of the panel, and (3) does not impair the party’s right to a trial by jury.’”

 
 

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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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