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Dozing juror should have stayed in deliberations

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A juror who gave the lone vote to acquit and eventually refused to deliberate did not meet the criteria for removal, the Indiana Court of Appeals has ruled.

In Scott A. Wright v. State of Indiana, 45A05-1310-CR-526, the Court of Appeals vacated the conviction of Scott Wright for Class A felony child molesting and remanded for a new trial. The COA found the Lake Superior Court erred by removing Juror 356.

Two hours after deliberations had begun, the jury informed Judge Salvador Vasquez they were deadlocked. Juror 356 voted not guilty and could not be swayed to change his vote by the other jurors.

Several times the jury panel appealed to Vasquez, who asked them to continue trying to talk. Eventually, the other jurors said Juror 356 had stopped talking and appeared to be falling asleep.

Vasquez then granted the state’s motion and replaced the juror with an alternate. Explaining his reasoning for removal, the judge said, “It’s one thing to stick to your guns, it’s another to refuse to participate in the cooperative effort of deliberation.”

The Court of Appeals ruled the juror should not have been replaced because his behavior did not create an extreme situation that warranted removal. Pointing to Riggs v. State, 809 N.E.2d 322, 327 (Ind. 2004), the appeals court reiterated the criteria established by the Indiana Supreme Court for discharging a juror during deliberations.

 “Juror 356 voted for acquittal based on his determination the victim was not credible, and he would not change his mind,” Judge Melissa May wrote for the court. “His behavior does not fall within the category the Riggs Court characterized as ‘the most extreme situations where it can be shown that the removal of the juror (1) is necessary for the integrity of the process, (2) does not prejudice the deliberations of the rest of the panel, and (3) does not impair the party’s right to a trial by jury.’”

 
 

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  1. 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?

  2. 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?

  3. 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.

  4. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

  5. Seventh Circuit Court Judge Diane Wood has stated in “The Rule of Law in Times of Stress” (2003), “that neither laws nor the procedures used to create or implement them should be secret; and . . . the laws must not be arbitrary.” According to the American Bar Association, Wood’s quote drives home this point: The rule of law also requires that people can expect predictable results from the legal system; this is what Judge Wood implies when she says that “the laws must not be arbitrary.” Predictable results mean that people who act in the same way can expect the law to treat them in the same way. If similar actions do not produce similar legal outcomes, people cannot use the law to guide their actions, and a “rule of law” does not exist.

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