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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. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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