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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. by the time anybody gets to such files they will probably have been totally vacuumed anyways. they're pros at this at universities. anything to protect their incomes. Still, a laudable attempt. Let's go for throat though: how about the idea of unionizing football college football players so they can get a fair shake for their work? then if one of the players is a pain in the neck cut them loose instead of protecting them. if that kills the big programs, great, what do they have to do with learning anyways? nada. just another way for universities to rake in the billions even as they skate from paying taxes with their bogus "nonprofit" status.

  2. Um the affidavit from the lawyer is admissible, competent evidence of reasonableness itself. And anybody who had done law work in small claims court would not have blinked at that modest fee. Where do judges come up with this stuff? Somebody is showing a lack of experience and it wasn't the lawyers

  3. My children were taken away a year ago due to drugs, and u struggled to get things on track, and now that I have been passing drug screens for almost 6 months now and not missing visits they have already filed to take my rights away. I need help.....I can't loose my babies. Plz feel free to call if u can help. Sarah at 765-865-7589

  4. Females now rule over every appellate court in Indiana, and from the federal southern district, as well as at the head of many judicial agencies. Give me a break, ladies! Can we men organize guy-only clubs to tell our sob stories about being too sexy for our shirts and not being picked for appellate court openings? Nope, that would be sexist! Ah modernity, such a ball of confusion. https://www.youtube.com/watch?v=QmRsWdK0PRI

  5. LOL thanks Jennifer, thanks to me for reading, but not reading closely enough! I thought about it after posting and realized such is just what was reported. My bad. NOW ... how about reporting who the attorneys were raking in the Purdue alum dollars?

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