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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. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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