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COA orders new trial in resisting law enforcement case

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A Marion County judge violated a defendant’s right to due process when it allowed the charge of resisting law enforcement to go to trial even though the defendant showed purposeful discrimination by the prosecution during voir dire, the Indiana Court of Appeals ruled Wednesday.

In Michael Collier v. State of Indiana, No. 49A04-1105-CR-229, the Court of Appeals reversed Michael Collier’s conviction of Class D felony resisting law enforcement and ordered a new trial. During voir dire, the prosecution exercised peremptory challenges to three of the four African-American members of the jury panel. Marion Superior Senior Judge Charles Wiles found that Collier had “made his case” and established purposeful discrimination on the part of the state, but then denied his Batson challenge and motion for mistrial and allowed the case to proceed.

The appellate court found Kribs v. State, 917 N.E.2d 1249 (Ind. Ct. App. 2009), instructive. In that case, the trial court also made contradictory findings in convicting a defendant of entering a controlled area of an airport with a weapon or explosive as a Class A misdemeanor.

“Like the contradictory findings in Kribs, we must conclude that the trial court erred in permitting this matter to go to trial in light of its initial determination that Collier had met the challenge under Batson. Although Batson does not specify the remedy when there has been a showing of purposeful discrimination during voir dire, the trial court’s decision to allow the matter to proceed to trial certainly violated Collier’s right to due process as well as the jurors’ right to serve on the panel,” wrote Judge John Baker.



 

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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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