ILNews

COA rules on anonymous juries

Jennifer Nelson
January 1, 2007
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The Indiana Court of Appeals ruled on a case with a matter of first impression involving the use of anonymous juries and if they are reviewable under the harmless error analysis.

In Carl A. Major v. State of Indiana, http://www.in.gov/judiciary/opinions/pdf/09280701cjb.pdf 45A03-0610-CR-483, Carl Major appealed his convictions of murder in the perpetration of a robbery and aggravated felony, and his aggregate sentence of 175 years in prison, arguing the trial court erred in empanelling an anonymous jury and that his sentence is inappropriate.

Major and two other males participated in a home invasion and robbery of a house in Hobart where crack was sold that had six individuals inside. One of his accomplices shot and killed three of the individuals and wounded two. Fearing the police were near, the three men ran from the site, but Major was apprehended a short while later. Major admitted to the police he agreed to help one of the men handle some business in exchange for getting paid, he knew they were going to commit a robbery, and that he carried a gun and guarded the house so no one could leave.

During voir dire in Major's trial, the defense counsel objected to the use of the "local rule," which prevented both counsels from having the names of the jurors. The court overruled, stating it would keep the names of the jurors at the bench and record the names with the court administrator's office in case there are issues of impropriety with the jury.

Major was sentenced to 55 years for each murder conviction and 10 years for the aggravated battery conviction; he was to serve those consecutively for a total of 175 years.

Major appealed, contending the use of an anonymous jury denied him certain federal rights to a fair trial and impartial jury. This is a case of first impression in Indiana, and the Court of Appeals looked to other courts for their rulings on the matter, including the 7th Circuit Court of Appeals. That court has found empanelment of anonymous juries implicates a defendant's Fifth Amendment right to presumption of innocence. United States V. Mansoori, 304 F.3d 635, 650 (7th Cir. 2002). The appeals court noted many courts, including the 7th Circuit, have also observed that empaneling an anonymous jury may interfere with a defendant's right to a trial by an impartial jury under the Sixth Amendment. United States v. Shryock, 342 F.3d at 971 (9th Cir. 2003).

Appellate courts considering this issue have relied on the standard that a trial court may have an anonymous jury if it concludes there is strong reason to believe the jury needs protection and takes reasonable measures to minimize any prejudicial effects on the defendant and to ensure his fundamental rights are protected. Courts may consider issues such as the defendant's involvement in organized crime, past attempts to interfere with judicial process, and whether publicity regarding the case presents prospective danger to the jurors.

The Court of Appeals concludes Indiana should adopt a similar position as other courts have regarding the use of anonymous juries and each case should be evaluated on a case-by-case basis. In evaluating Major's case, the court determined the use of an anonymous jury was an error because the trial court did not make a factual determination that the jury needed protection, it just alluded to the "local rule."

The state contends this was a harmless error, and the 7th Circuit has applied the harmless error analysis to the anonymous jury question. In this case, "given Major's confessions, the otherwise thorough nature of the voir dire, and the court's instructions regarding Major's presumption of innocence, we are convinced the error of the anonymous jury in this case was harmless," wrote Judge Cale Bradford. The court also affirmed Major's sentence was not inappropriate in light of his character and nature of his offenses.
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  1. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

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  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

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