ILNews

First impression in jury rule issue

Back to TopE-mailPrintBookmark and Share

The participation of alternate jurors in discussions of evidence during recesses from trial, as allowed under Indiana Jury Rule 20(a)(8), doesn't violate Indiana statute that prevents alternates from participating in deliberations. The Indiana Court of Appeals ruled on the matter for the first time today.

In Austin C. Witherspoon v. State of Indiana, No. 45A03-0809-CR-466, Austin Witherspoon argued that allowing alternate jurors to discuss a case during a recess is the same as them deliberating the case, which alternates aren't allowed to do in Indiana unless he or she replaces a juror. He also claimed he was denied his constitutional and statutory right to a 12-person jury when the alternates were instructed they could discuss the case.

He objected to a preliminary instruction to the jury that said they were allowed to discuss the evidence among themselves during recess from the trial; he raised the same issue in a motion in limine on the morning of his trial for robbery.

The trial court denied his motions, noting the issue hadn't been addressed by the appellate courts, but the alternates would be allowed to participate in the discussions.

Jury Rule 20(a)(8) was amended effective Jan. 1, 2008, to allow alternates to also discuss the evidence in the jury room during recesses from trial when everyone is present.

"We acknowledge Weatherspoon's argument that during discussions, alternate jurors talk about issues of credibility, highlight and discount certain evidence, and narrow and broaden the issues, all of which may affect the final judgment or verdict, yet these discussions are the very discussions that alternate jurors may not have during deliberations," wrote Judge Nancy Vaidik. "Nevertheless, our Supreme Court has unambiguously made a distinction between discussions and deliberations. We are not at liberty to rewrite the rules promulgated by our Supreme Court."

In regards to Witherspoon's constitutional challenge to the rule, the appellate judges pointed out that there isn't a constitutional limit to the maximum number of jurors and he received the statutory entitlement of a 12-member jury.

ADVERTISEMENT

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

  2. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

  3. If our State Government would sue for their rights to grow HEMP like Kentucky did we would not have these issues. AND for your INFORMATION many medical items are also made from HEMP. FOOD, FUEL,FIBER,TEXTILES and MEDICINE are all uses for this plant. South Bend was built on Hemp. Our states antiquated fear of cannabis is embarrassing on the world stage. We really need to lead the way rather than follow. Some day.. we will have freedom in Indiana. And I for one will continue to educate the good folks of this state to the beauty and wonder of this magnificent plant.

  4. Put aside all the marijuana concerns, we are talking about food and fiber uses here. The federal impediments to hemp cultivation are totally ridiculous. Preposterous. Biggest hemp cultivators are China and Europe. We get most of ours from Canada. Hemp is as versatile as any crop ever including corn and soy. It's good the governor laid the way for this, regrettable the buffoons in DC stand in the way. A statutory relic of the failed "war on drugs"

  5. Cannabis is GOOD for our PEOPLE and GOOD for our STATE... 78% would like to see legal access to the product line for better Hoosier Heath. There is a 25% drop in PAIN KILLER Overdoses in states where CANNABIS is legal.

ADVERTISEMENT