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Indiana Supreme Court rejects murderer's appeal over juror

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A woman sentenced to 55 years in prison for her role in a 2010 murder lost an appeal to the Indiana Supreme Court on Tuesday.

Tina Whiting appealed the seating of a juror in her murder case because the trial judge denied a joint challenge for cause. The juror knew Whiting and several other people involved in the trial in Jay Circuit Court, and said “No I can not” when asked if she could provide a fair trial. The juror was empanelled and served.

But the justices ruled in Tina Whiting v. State of Indiana, 38S05-1206-CR-345, that the defense had peremptory challenges available to strike the juror and failed to do so, preserving no error for the court to review.

“We hold that Whiting’s juror-bias claim is procedurally defaulted because she failed to exhaust her peremptory challenges. We also hold that a procedural default under the exhaustion rule is not amenable to fundamental-error review. Accordingly, we affirm Whiting’s conviction for felony murder and summarily affirm her sentence,” said the unanimous ruling written by Justice Frank Sullivan.

Whiting and accomplices were convicted in the beating and stabbing death of Shawn Buckner of Portland, Ind. Buckner was found buried in a shallow grave in Delaware County after Whiting and several others lured him to an apartment and then began beating him in an attempt to steal his prescription medication.

 

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  1. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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