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Judges: Court should have questioned jurors

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Judges on the Indiana Court of Appeals disagreed as to whether a man's murder conviction should be overturned because the trial court failed to investigate the impact of threats made against the jury. The majority determined the lack of action by the trial court resulted in a fundamental error that required reversing the conviction, but that he could be retried.

"We recognize that jurors need not be absolutely insulated from all extraneous influences regarding a case," wrote Judge Nancy Vaidik for the majority. "But in this case, where the trial court instituted protective measures known to the jury as a result of juror reports of being threatened, the trial court abused its discretion by not inquiring as to the impact of those threats on the jury's impartiality."

In Chawknee Caruthers v. State of Indiana,  No. 46A05-0810-CR-623, Chawknee Caruthers appealed his murder conviction and finding he is a habitual offender following the murder of the man Caruthers believed punched and choked him earlier the same day as the murder. Eyewitnesses to the shooting, Caruthers' confessions to his friend and her mother, and other evidence led to his conviction.

At trial, the defense counsel informed the judge that at least one of the jurors felt intimidated by actions attributed to Caruthers, his family, or others associated with him. The trial court continued with the trial without questioning the jurors, but did assign extra security measures for the jurors.

On appeal, Caruthers argued his trial counsel was ineffective, the trial court erred by failing to investigate the jury sua sponte after the allegation of jury tampering was raised, and there wasn't enough evidence to convict him because the testimony of two eyewitnesses was incredibly dubious.

The trial court noted that the attorney representing Caruthers on appeal is the same one who represented him during the guilt and habitual offender phases, so he can't argue that he was ineffective per the Rules of Professional Conduct.

Addressing the trial court's failure to sua sponte question the jury regarding the threats, Judges Vaidik and Edward Najam believed the court should have done so to ensure Caruthers' right to an impartial jury wasn't violated, even if Caruthers didn't move for a polling of the jury.

"Although it was commendable for the trial court to take action to protect the jury's safety, the trial court's actions, without further investigation into the possible threats, could have led the jurors, including any jurors not directly exposed to threats, to believe that the judge believed that they were in danger and that they were, in fact, genuinely in danger," she wrote.

Even though there was sufficient evidence to convict Caruthers, the failure to ensure during trial that the defendant was tried by an impartial jury constitutes fundamental error that warrants a new trial.

Judge Ezra Friedlander dissented, agreeing with the state that the harmless error doctrine should apply to defeat Caruthers' claim of fundamental error.

"In my view, although the court should have inquired further as to the effect on the jury, if any, of the alleged actions, the failure to do so did not rise to the level of fundamental error. Thus, I would dispose of this argument by noting that it has not been preserved," he wrote.

Judge Friedlander did agree with the majority that there was sufficient evidence to support Caruthers' murder conviction and that the testimony of two witnesses in the car with him during the shooting doesn't fall under the incredible dubiosity rule.

The majority noted the state isn't barred from retrying Caruthers and can also re-prosecute the habitual offender enhancement.

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  1. Historically speaking pagans devalue children and worship animals. How close are we? Consider the ruling above plus today's tidbit from the politically correct high Court: http://indianacourts.us/times/2016/12/are-you-asking-the-right-questions-intimate-partner-violence-and-pet-abuse/

  2. The father is a convicted of spousal abuse. 2 restaining orders been put on him, never made any difference the whole time she was there. The time he choked the mother she dropped the baby the police were called. That was the only time he was taken away. The mother was suppose to have been notified when he was released no call was ever made. He made his way back, kicked the door open and terrified the mother. She ran down the hallway and locked herself and the baby in the bathroom called 911. The police came and said there was nothing they could do (the policeman was a old friend from highschool, good ole boy thing).They told her he could burn the place down as long as she wasn't in it.The mother got another resataining order, the judge told her if you were my daughter I would tell you to leave. So she did. He told her "If you ever leave me I will make your life hell, you don't know who your f!@#$%^ with". The fathers other 2 grown children from his 1st exwife havent spoke 1 word to him in almost 15yrs not 1 word.This is what will be a forsure nightmare for this little girl who is in the hands of pillar of the community. Totally corrupt system. Where I come from I would be in jail not only for that but non payment of child support. Unbelievably pitiful...

  3. dsm 5 indicates that a lot of kids with gender dysphoria grow out of it. so is it really a good idea to encourage gender reassignment? Perhaps that should wait for the age of majority. I don't question the compassionate motives of many of the trans-advocates, but I do question their wisdom. Likewise, they should not question the compassion of those whose potty policies differ. too often, any opposition to the official GLBT agenda is instantly denounced as "homophobia" etc.

  4. @ President Snow, like they really read these comments or have the GUTS to show what is the right thing to do. They are just worrying about planning the next retirement party, the others JUST DO NOT CARE about what is right. Its the Good Ol'Boys - they do not care about the rights of the mother or child, they just care about their next vote, which, from what I gather, the mother left the state of Indiana because of the domestic violence that was going on through out the marriage, the father had three restraining orders on him from three different women, but yet, the COA judges sent a strong message, go ahead men put your women in place, do what you have to do, you have our backs... I just wish the REAL truth could be told about this situation... Please pray for this child and mother that God will some how make things right and send a miracle from above.

  5. I hear you.... Us Christians are the minority. The LGBTs groups have more rights than the Christians..... How come when we express our faith openly in public we are prosecuted? This justice system do not want to seem "bias" but yet forgets who have voted them into office.

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