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High court rules man could be retried

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The Double Jeopardy Clause of the U.S. Constitution doesn’t prevent the state from retrying a man who was acquitted by a jury in the murder of one person, but in which the jury couldn’t return a verdict on the defendant's attempted murder charge of another man, the Indiana Supreme Court held Wednesday.

In Tyrus D. Coleman v. State of Indiana, No. 20S03-1008-CR-458, Tyrus Coleman was charged with the murder of Jermaine Jackson and the attempted murder of Jackson’s father, Anthony Dye. Jackson and Dye showed up at Coleman’s property, both armed, to confront a man who had robbed Dye at gunpoint months earlier. Coleman tried to talk Jackson into leaving. Coleman ended up shooting Dye twice and then shot Jackson, who died from his injuries.

Coleman claimed he acted in self defense. He was acquitted in the murder of Jackson but the jury wasn’t able to reach a verdict in his attempted murder charge relating to Dye. He was retried, over Coleman’s motion to dismiss claiming Double Jeopardy violations, and found guilty. The trial court sentenced him to 45 years.

The Indiana Court of Appeals split in reversing Coleman’s attempted murder conviction on grounds of collateral estoppel, but the Supreme Court unanimously ruled that Coleman could be retried. They rejected Coleman’s argument that because of the brief interval between the two shootings, that was a single transaction and his general fear of death or bodily harm applied equally to Dye and his son.

At his first trial, Coleman’s attorney specifically addressed the separate shootings and argued each was justified by Coleman’s fear of death or injury from Dye and then Jackson, wrote Justice Robert Rucker. He also noted that the acquittal relating to Jackson’s murder, even if based on self defense, did not amount to the jury determining that Coleman acted in self defense with respect to the attempted murder of Dye.

“Thus, in retrying Coleman the State did not relitigate an issue that was necessarily decided by the jury in the first trial. Instead, the jury was asked to make the determination of whether Coleman acted in self-defense when he shot Dye. This issue was not decided during the first trial. Thus, collateral estoppel did not bar relitigation,” he wrote.

The justices also determined there was no misconduct when the prosecutor didn’t point out an inconsistency in Dye’s testimony between the first and second trials.

Coleman also wanted certain statements admitted regarding words Dye used when he came to Coleman’s property. The trial court sustained the state’s hearsay objection, which was an error, but it was harmless because the evidence was excludable on the grounds of relevance, wrote Justice Rucker.

The high court also found the trial court didn’t err in excluding statements attributable to Jackson because there was nothing contained in those statements suggesting they placed Coleman in fear of Dye, as Coleman argued. The trial court didn’t err in not allowing Coleman to introduce evidence of his acquittal and the justices also concluded that his sentence is appropriate.

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  1. Hello currently just withdrew from laporte county drug court and now I have lost the woman I love which also was in drugcourt and was put in jail without a,lawyer presentfor her own safety according to the judge and they told her she could have a hearing in two weeks and now going on 30days and still in jail no court date and her public defender talks like he,s bout to just sell her up the river.

  2. 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.

  3. 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.

  4. 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)

  5. 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)

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