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COA orders hearing to determine juror bias against plaintiff

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The Indiana Court of Appeals ruled that a trial court should have ordered an evidentiary hearing to determine whether a juror in an auto accident case was biased against the plaintiff instead of ordering a new trial regarding damages.

Larry Clemons sued Lloyd Diehl for damages after an auto accident in which Diehl admitted to rear-ending Clemons’ car. Diehl denied that the collision caused Clemons any damages.

After a two-day trial, the court awarded Clemons zero dollars in damages. Clemons filed a motion to correct error, pursuant to Indiana Trial Rule 59(A). He alleged that Juror No. 289 had committed misconduct when he failed to state on his juror questionnaire that nearly 12 years earlier he had been a defendant in a civil lawsuit that arose from a vehicular collision.

The trial court agreed with Clemons, concluding the juror was biased or prejudiced against Clemons because the juror had been named as a civil defendant in a prior auto accident case and Clemons’ counsel, unaware of the previous case, during voir dire spoke favorably of the attorney who had represented the plaintiff in the juror’s case. The court ordered a new trial on the question of damages.

In Lloyd J. Diehl v. Larry J. Clemons, 45A04-1309-CT-460, the appeals court reversed. The judges agreed with Diehl that the trial court’s order fails to explain sufficiently why the jury verdict must be set aside as inadequate.  They noted that the trial court order failed to seriously address the litany of evidence brought forth by Diehl’s counsel in his cross-examination of Clemons’ witnesses. The trial court’s failure to assess this and other opposing evidence and relate it to the question of damages is reversible error.

The judges agreed that Juror No. 289’s response on the questionnaire failed to disclose a material fact, which concealed a potential source of bias against Clemons. But the possibility of bias or prejudice alone is not enough to set aside a jury verdict.

The trial court should have ordered an evidentiary hearing instead of ordering a new trial based on juror misconduct, the COA ruled.

The judges remanded with instructions for the court to hold this evidentiary hearing to determine whether Juror No. 289 was in fact biased or prejudiced against Clemons.
 

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  1. Such things are no more elections than those in the late, unlamented Soviet Union.

  2. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  3. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  4. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  5. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

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