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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. OK, now do something about this preverted anacronism

  2. William Hartley prosecutor of Wabash county constantly violates people rights. Withholds statement's, is bias towards certain people. His actions have ruined lives and families. In this county you question him or go out of town for a lawyer,he finds a way to make things worse for you. Unfair,biased and crooked.

  3. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  4. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  5. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

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