Inconsistent jury verdicts not reviewable

Back to TopCommentsE-mailPrintBookmark and Share

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."


Post a comment to this story

We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
You are legally responsible for what you post and your anonymity is not guaranteed.
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
Subscribe to Indiana Lawyer
  1. Heritage, what Heritage? The New Age is dawning .... an experiment in disordered liberty and social fragmentation is upon us .... "Carmel City Council approved a human rights ordinance with a 4-3 vote Monday night after hearing about two hours of divided public testimony. The ordinance bans discrimination on the basis of sexual orientation or gender identity, among other traits. Council members Rick Sharp, Carol Schleif, Sue Finkam and Ron Carter voted in favor of it. The three council members opposing it—Luci Snyder, Kevin Rider and Eric Seidensticker—all said they were against any form of discrimination, but had issues with the wording and possible unintended consequences of the proposal." Kardashian is the new Black.

  2. Can anyone please tell me if anyone is appealing the law that certain sex offenders can't be on school property. How is somebody supposed to watch their children's sports games or graduations, this law needs revised such as sex offenders that are on school property must have another non-offender adult with them at all times while on school property. That they must go to the event and then leave directly afterwards. This is only going to hurt the children of the offenders and the father/ son mother/ daughter vice versa relationship. Please email me and let me know if there is a group that is appealing this for reasons other than voting and religion. Thank you.

  3. Should any attorney who argues against the abortion industry, or presents arguments based upon the Founders' concept of Higher Law, (like that marriage precedes the State) have to check in with the Judges and Lawyers Assistance Program for a mandatory mental health review? Some think so ... that could certainly cut down on cases such as this "cluttering up" the SCOTUS docket ... use JLAP to deny all uber conservative attorneys licenses and uber conservative representation will tank. If the ends justify the means, why not?

  4. Tell them sherry Mckay told you to call, they're trying to get all the people that have been wronged and held unlawfully to sign up on this class action lawsuit.

  5. Call Young and Young aAttorneys at Law theres ones handling a class action lawsuit