ILNews

COA discusses jury-selection procedures

Back to TopCommentsE-mailPrintBookmark and Share

Despite being sensitive to a defendant's concerns about having no African-Americans included in his jury pool, the Indiana Court of Appeals affirmed his felony convictions of altering an original identification number and auto theft.

Darmon D. Bond challenged his felony convictions, arguing that the lack of African-Americans in the jury pool violated his Sixth Amendment jury trial rights; the admission of fingerprint test results violated his Sixth Amendment confrontation rights; and there wasn't sufficient evidence to support his conviction.

Police found a man's missing car parked outside Bond's home. The vehicle identification number and license plate didn't match the car. A forensic lab technician dusted for fingerprints and found prints on duct tape and the paper license plate; an examiner identified the prints as those of Bond. The technician and examiner testified at trial, but the person responsible for verifying the first examiner's results didn't appear or testify.

Bond had moved to strike the entire venire because it didn't represent a fair cross-section of the community, but the judge denied the motion, noting how the jury-panel selection process is entirely random.

In Darmon D. Bond v. State of Indiana, No. 71A03-0910-CR-457, the appellate court determined it was bound by Duren v. Missouri, 439 U.S. 357, 364 (1979), and Ewing v. State, 719 N.E.2d 1221, 1226 (Ind. 1999), and that Bond's claim can't prevail under Duren. Bond still asked the appellate court to change the criteria for determining whether the jury-selection procedure actually produces juries that are representative cross-sections of the community.

Judge Nancy Vaidik wrote the court was sensitive to Bond's concerns because jury-selection procedures in Indiana have changed recently in that the lists are now created by the state Judicial Center. Also, in other race- or gender-based constitutional jury challenges, the burden shifts more easily to the state to establish the legitimacy and neutrality of its procedures.

"Given the practical difficulties of showing systematic exclusion of minorities from jury pools in Indiana, we think easing the Duren burden for Hoosiers may be worth considering," she wrote, noting it's a good first step that the selection procedures are available online.

The appellate court also found that the method the examiner claimed to use was followed and her opinion was admissible. And because the absent examiner's results were never referenced at his trial, there is no predicate for a Sixth Amendment confrontation violation. The judges also affirmed sufficient evidence to support Bond's convictions.

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. Sociologist of religion Peter Berger once said that the US is a “nation of Indians ruled by Swedes.” He meant an irreligious elite ruling a religious people, as that Sweden is the world’s least religious country and India the most religious. The idea is that American social elites tend to be much less religious than just about everyone else in the country. If this is true, it helps explain the controversy raking Indiana over Hollywood, San Fran, NYC, academia and downtown Indy hot coals. Nevermind logic, nevermind it is just the 1993 fed bill did, forget the Founders, abandon of historic dedication to religious liberty. The Swedes rule. You cannot argue with elitists. They have the power, they will use the power, sit down and shut up or feel the power. I know firsthand, having been dealt blows from the elite's high and mighty hands often as a mere religious plebe.

  2. I need helping gaining custody of my 5 and 1 year old from my alcoholic girlfriend. This should be an easy case for any lawyer to win... I've just never had the courage to take her that far. She has a record of public intox and other things. She has no job and no where to live othe than with me. But after 5 years of trying to help her with her bad habit, she has put our kids in danger by driving after drinking with them... She got detained yesterday and the police chief released my kids to me from the police station. I live paycheck to paycheck and Im under alot of stress dealing with this situation. Can anyone please help?

  3. The more a state tries to force people to associate, who don't like each other and simply want to lead separate lives, the more that state invalidates itself....... This conflict has shown clearly that the advocates of "tolerance" are themselves intolerant, the advocates of "diversity" intend to inflict themselves on an unwilling majority by force if necessary, until that people complies and relents and allows itself to be made homogenous with the politically correct preferences of the diversity-lobbies. Let's clearly understand, this is force versus force and democracy has nothing to do with this. Democracy is a false god in the first place, even if it is a valid ideal for politics, but it is becoming ever more just an empty slogan that just suckers a bunch of cattle into paying their taxes and volunteering for stupid wars.

  4. I would like to discuss a commercial litigation case. If you handle such cases, respond for more details.

  5. Great analysis, Elizabeth. Thank you for demonstrating that abortion leads, in logic and acceptance of practice, directly to infanticide. Women of the world unite, you have only your offspring to lose!

ADVERTISEMENT