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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. Well, maybe it's because they are unelected, and, they have a tendency to strike down laws by elected officials from all over the country. When you have been taught that "Democracy" is something almost sacred, then, you will have a tendency to frown on such imperious conduct. Lawyers get acculturated in law school into thinking that this is the very essence of high minded government, but to people who are more heavily than King George ever did, they may not like it. Thanks for the information.

  2. I pd for a bankruptcy years ago with Mr Stiles and just this week received a garnishment from my pay! He never filed it even though he told me he would! Don't let this guy practice law ever again!!!

  3. Excellent initiative on the part of the AG. Thankfully someone takes action against predators taking advantage of people who have already been through the wringer. Well done!

  4. Conour will never turn these funds over to his defrauded clients. He tearfully told the court, and his daughters dutifully pledged in interviews, that his first priority is to repay every dime of the money he stole from his clients. Judge Young bought it, much to the chagrin of Conour’s victims. Why would Conour need the $2,262 anyway? Taxpayers are now supporting him, paying for his housing, utilities, food, healthcare, and clothing. If Conour puts the money anywhere but in the restitution fund, he’s proved, once again, what a con artist he continues to be and that he has never had any intention of repaying his clients. Judge Young will be proven wrong... again; Conour has no remorse and the Judge is one of the many conned.

  5. Pass Legislation to require guilty defendants to pay for the costs of lab work, etc as part of court costs...

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