ILNews

COA affirms mistrial denial

Jennifer Nelson
January 1, 2007
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The Indiana Court of Appeals upheld a trial court's decision to deny a motion for mistrial and affirmed the defendant's conviction and sentence.

In Michael Hale v. State of Indiana, 43A05-0611-CR-647, Hale appealed his conviction for dealing in cocaine as a Class A felony and his 50-year sentence. He claimed the trial court erred in denying his motion for mistrial because he argued testimony from a witness implied Hale was previously involved in drug activity.

Lance Patrick and Josh Hamilton were asked by the Kosciusko County Drug Task Force to act as confidential informants to have their drug charges reduced or dropped. The pair agreed and met Hale, who they learned would sell them cocaine. Patrick and Hamilton went to Hale's home, and when Hamilton - who was wearing a recording device - came to the door, Hale sent him away saying he didn't trust him. Hamilton sent Patrick to purchase the drugs from Hale.

Hale was arrested the next day and both Patrick and Hamilton testified at the trial. Hamilton told the prosecutor that Hale didn't trust him "because he told me that his best friend wore a wire on him before." Defense counsel objected and the response was struck from the record. Later, Hamilton testified that Dustin Slone, who was sitting in the courtroom, had threatened him about his testimony at trial. Hamilton said Sloan called him that morning and told him not to testify or he would beat him. It wasn't until after Hamilton's questioning was complete that the trial court, outside the presence of the jury, asked for Slone to be escorted out. At that time, the defense counsel moved for a mistrial due to Hamilton's testimony.

The trial court denied that, and a jury found Hale guilty.

Hale appealed, saying the trial court erred in denying his motion for a mistrial because Hale believes Hamilton's testimony that Hale said his best friend had worn a wire implied that Hale was previously involved in drug activity. Judge Nancy Vaidik wrote in the opinion that Hale failed to show that the trial court's action of striking Hamilton's response was insufficient to rectify the situation.

Hale also argued his motion for mistrial should have been granted because of Hamilton's testimony that Slone threatened him the morning of the trial. Defense counsel did not object immediately after Hamilton made the comment, nor did they during redirect or cross-examination of Hamilton. It was only after a 10-minute recess and after Slone had been escorted out that the defense counsel moved for a mistrial on the basis of Hamilton's testimony.

Because Hale did not object to the testimony regarding Slone's threat during trial, he did not give the trial court a chance to rule on the admissibility of such evidence. His motion for mistrial came after Hamilton's testimony was complete, so Hale has waived this issue for review, Judge Vaidik wrote.

The court affirmed the trial court did not abuse its discretion in denying Hale's motion for a mistrial. The court also affirmed his conviction, citing sufficient evidence; his sentence is also appropriate, given Hale's 26 previous misdemeanor cases and prison time for dealing in cocaine.
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  1. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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