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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. Based on several recent Indy Star articles, I would agree that being a case worker would be really hard. You would see the worst of humanity on a daily basis; and when things go wrong guess who gets blamed??!! Not biological parent!! Best of luck to those who entered that line of work.

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  4. Law school is social control the goal to produce a social product. As such it began after the Revolution and has nearly ruined us to this day: "“Scarcely any political question arises in the United States which is not resolved, sooner or later, into a judicial question. Hence all parties are obliged to borrow, in their daily controversies, the ideas, and even the language, peculiar to judicial proceedings. As most public men [i.e., politicians] are, or have been, legal practitioners, they introduce the customs and technicalities of their profession into the management of public affairs. The jury extends this habitude to all classes. The language of the law thus becomes, in some measure, a vulgar tongue; the spirit of the law, which is produced in the schools and courts of justice, gradually penetrates beyond their walls into the bosom of society, where it descends to the lowest classes, so that at last the whole people contract the habits and the tastes of the judicial magistrate.” ? Alexis de Tocqueville, Democracy in America

  5. Attorney? Really? Or is it former attorney? Status with the Ind St Ct? Status with federal court, with SCOTUS? This is a legal newspaper, or should I look elsewhere?

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