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Inconsistent jury verdicts not reviewable

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Inconsistent, contradictory, or irreconcilable jury verdicts in criminal cases aren't available for appellate review, the Indiana Supreme Court held Thursday.

The high court granted transfer to Shewanda Beattie v. State of Indiana, No. 82S01-0907-CR-307, to address variations in the state's caselaw on the issue of judicial review of logically inconsistent verdicts in the same case. A jury found Shewanda Beattie guilty of possession of cocaine within 1,000 feet of a family housing complex and possession of marijuana, but not guilty of dealing in cocaine, and possession of cocaine. She challenged that her conviction is fatally inconsistent with her acquittal on the charge of possession of the same cocaine. The Indiana Court of Appeals reversed the conviction because the jury's verdict left the appellate court unable to determine what evidence the jury believed.

For the most part, Indiana cases have followed U.S. Supreme Court decisions in Dunn v. United States, 284 U.S. 390, 52 S. Ct. 189, 76 L. Ed. 356 (1932), and United States v. Powell, 469 U.S. 57, 105 S. Ct. 471, 83 L. Ed. 2d 461 (1984). The Powell court affirmed the ruling in Dunn that a criminal defendant convicted by a jury on one count couldn't attack that conviction because it was inconsistent with the jury's verdict of acquittal on another count. Powell emphasized that defendants are already afforded protection against jury irrationality or error by the availability of an independent review for sufficiency of evidence.

One Indiana case, Marsh v. State, 271 Ind. 454, 393 N.E.2d 757 (1979), deviated from this line of authority and ruled that extremely contradictory and irreconcilable verdicts warrant corrective action by the appellate courts. Before the instant case, only in Owsley v. State, 769 N.E.2d 181 (Ind. Ct. App. 2002), has an Indiana appellate court granted relief on this issue.

When a jury returns logically inconsistent verdicts, it could be because the jury misunderstood its instructions or chose to exercise lenity, wrote Justice Brent Dickson. A jury's right to exercise lenity is an important component of the criminal justice system, he continued. Juries can also return inconsistent verdicts because of a compromise among disagreeing jurors, to avoid an all-or-nothing verdict, or for other reasons.

The justices unanimously adopted the federal rule expressed in Dunn and Powell and upheld Beattie's convictions.

"Concluding that the contrasting 'extremely contradictory and irreconcilable' standard devised in Marsh has proven in practice to be unhelpful and inconsistent with Indiana's strong respect for the conscientiousness, wisdom, and common sense of juries, we overrule the standard advanced in Marsh and disapprove of Owsley," Justice Dickson wrote. "Jury verdicts in criminal cases are not subject to appellate review on grounds that they are inconsistent, contradictory, or irreconcilable."

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  1. The is an unsigned editorial masquerading as a news story. Almost everyone quoted was biased in favor of letting all illegal immigrants remain in the U.S. (Ignoring that Obama deported 3.5 million in 8 years). For some reason Obama enforcing part of the immigration laws was O.K. but Trump enforcing additional parts is terrible. I have listed to press conferences and explanations of the Homeland Security memos and I gather from them that less than 1 million will be targeted for deportation, the "dreamers" will be left alone and illegals arriving in the last two years -- especially those arriving very recently -- will be subject to deportation but after the criminals. This will not substantially affect the GDP negatively, especially as it will take place over a number of years. I personally think this is a rational approach to the illegal immigration problem. It may cause Congress to finally pass new immigration laws rationalizing the whole immigration situation.

  2. Mr. Straw, I hope you prevail in the fight. Please show us fellow American's that there is a way to fight the corrupted justice system and make them an example that you and others will not be treated unfairly. I hope you the best and good luck....

  3. @ President Snow - Nah, why try to fix something that ain't broken??? You do make an excellent point. I am sure some Mickey or Minnie Mouse will take Ruckers seat, I wonder how his retirement planning is coming along???

  4. Can someone please explain why Judge Barnes, Judge Mathias and Chief Judge Vaidik thought it was OK to re weigh the evidence blatantly knowing that by doing so was against the rules and went ahead and voted in favor of the father? I would love to ask them WHY??? I would also like to ask the three Supreme Justices why they thought it was OK too.

  5. How nice, on the day of my car accident on the way to work at the Indiana Supreme Court. Unlike the others, I did not steal any money or do ANYTHING unethical whatsoever. I am suing the Indiana Supreme Court and appealed the failure of the district court in SDIN to protect me. I am suing the federal judge because she failed to protect me and her abandonment of jurisdiction leaves her open to lawsuits because she stripped herself of immunity. I am a candidate for Indiana Supreme Court justice, and they imposed just enough sanction so that I am made ineligible. I am asking the 7th Circuit to remove all of them and appoint me as the new Chief Justice of Indiana. That's what they get for dishonoring my sacrifice and and violating the ADA in about 50 different ways.

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