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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. 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?

  2. 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.

  3. 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?

  4. Seventh Circuit Court Judge Diane Wood has stated in “The Rule of Law in Times of Stress” (2003), “that neither laws nor the procedures used to create or implement them should be secret; and . . . the laws must not be arbitrary.” According to the American Bar Association, Wood’s quote drives home this point: The rule of law also requires that people can expect predictable results from the legal system; this is what Judge Wood implies when she says that “the laws must not be arbitrary.” Predictable results mean that people who act in the same way can expect the law to treat them in the same way. If similar actions do not produce similar legal outcomes, people cannot use the law to guide their actions, and a “rule of law” does not exist.

  5. Linda, I sure hope you are not seeking a law license, for such eighteenth century sentiments could result in your denial in some jurisdictions minting attorneys for our tolerant and inclusive profession.

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