ILNews

COA: Defendant had imperfect, yet fair trial

Jennifer Nelson
January 1, 2008
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Defendants are entitled to fair trials, not perfect ones, and the imperfections of one defendant's trial didn't deprive him of a fair trial, ruled the Indiana Court of Appeals. The court upheld the murder conviction of John Myers II, who was convicted two years ago of killing IU student Jill Behrman in 2000. Authoring Judge Cale Bradford wrote in the 44-page opinion, John R. Myers II v. State of Indiana, No. 55A05-0703-CR-148, the court acknowledges there were certain discrete imperfections at Myers' trial, but these imperfections were isolated in nature and didn't deprive Myers the right to a fair trial. "As the State conceded at oral argument, Myers's trial may have been cleaner without these imperfections, but, separately or jointly, they were not sufficiently egregious to undermine our confidence in the trial proceedings leading to his conviction sufficient to constitute reversible error. A defendant is entitled to a fair trial, not a perfect one," he wrote.

Myers brought up numerous issues on appeal including the denial of his motion for change of venue, jury misconduct, and insufficient evidence to support the conviction. The appellate court unanimously upheld his conviction, which covered eight alleged errors by the trial court. On his motion for change of venue, Judge Bradford wrote that Myers failed to demonstrate community-wide prejudice requiring the change of venue, and the only biased statements in the record were made by jury pool members who weren't empanelled. Myers alleged that his motion for a mistrial should have been granted because the jurors violated rules regarding cell phone and telephone use and also violated rules about consuming alcohol. Myers again failed to show that the jurors' behavior harmed him or the outcome of his trial. There was no evidence any of the jurors were under the influence of alcohol during deliberations, Judge Bradford wrote. The appellate court also found sufficient evidence to support Myers' conviction.
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  1. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

  2. It's a capital offense...one for you Latin scholars..

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  4. The promise of "Not to Tell" is the biggest lie ever given to a Birth Mother. THERE WERE NEVER ANY PROMISES GIVEN TO ANY OF US. One of the lies used to entice us to give up our Babies. There were many tactics used to try to convince us that it was best for Mother and Baby to cut the cord at birth. They have no idea of the pain and heartache that was caused by their attitude. The only thing that mattered was how great and wonderful they appeared to the prospective parents and their community. I completed my search, but that didn't stop the pain, heartbreak and the tears of the last 62 Years. I keep track and do know that he is alive, well educated and a musician. That little knowledge in itself is a Godsend to me. I pray that other Mothers also know that much and more to help heal their pain and open wounds. open wounds.

  5. please do your firm handles cases on breach of contract? please advise...

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