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Judges order new robbery trial

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Because a trial judge did not re-read all of the jury instructions when giving jurors an additional instruction after deliberations began, the Indiana Court of Appeals ordered a new trial on the felony robbery charge.

Robert Dowell was charged with Class A felony robbery resulting in serious bodily injury stemming from an attack by Dowell, his girlfriend, and another man on Roman Nusbaum. The three decided to rob Nusbaum after seeing him at a bar. The girlfriend lured Nusbaum to another location where Dowell hit him with a bat.

After the jury began deliberations, jurors had a few questions as to the elements of robbery. The jury foreman submitted a handwritten note with the questions. Cass Superior Senior Judge Douglas Morton responded to the questions by writing on the note, “Indiana law provides that a person who aids another person to commit an offense commits that offense.” He did not call the jury back into the room nor did he re-read all the instructions, including the new one on accomplice liability. The jury convicted Dowell as charged.

In Robert Dowell v. State of Indiana, 09A05-1201-CR-36, the Court of Appeals reversed based on Crowdus v. State, 431 N.E.2d 796, 798 (Ind. 1982), and Graves v. State, 714 N.E.2d 724, 726 (Ind. Ct. App. 1999). The Indiana Supreme Court “has long recognized that once jury deliberations begin, the trial court should not give any additional instructions,” Judge Melissa May wrote, with the exception of when the jury’s question coincides with an error or “legal lacuna” in the final instructions.

In those cases, the trial judge should re-read the entire set of final instructions as to not place special significance or emphasis on the particular issue raised by the jury.

The judges reversed and ordered a new trial for Dowell.

 

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  1. YES I WENT THROUGH THIS BEFORE IN A DIFFERENT SITUATION WITH MY YOUNGEST SON PEOPLE NEED TO LEAVE US ALONE WITH DCS IF WE ARE NOT HURTING OR NEGLECT OUR CHILDREN WHY ARE THEY EVEN CALLED OUT AND THE PEOPLE MAKING FALSE REPORTS NEED TO GO TO JAIL AND HAVE A CLASS D FELONY ON THERE RECORD TO SEE HOW IT FEELS. I WENT THREW ALOT WHEN HE WAS TAKEN WHAT ELSE DOES THESE SCHOOL WANT ME TO SERVE 25 YEARS TO LIFE ON LIES THERE TELLING OR EVEN LE SAME THING LIED TO THE COUNTY PROSECUTOR JUST SO I WOULD GET ARRESTED AND GET TIME HE THOUGHT AND IT TURNED OUT I DID WHAT I HAD TO DO NOT PROUD OF WHAT HAPPEN AND SHOULD KNOW ABOUT SEEKING MEDICAL ATTENTION FOR MY CHILD I AM DISABLED AND SICK OF GETTING TREATED BADLY HOW WOULD THEY LIKE IT IF I CALLED APS ON THEM FOR A CHANGE THEN THEY CAN COME AND ARREST THEM RIGHT OUT OF THE SCHOOL. NOW WE ARE HOMELESS AND THE CHILDREN ARE STAYING WITH A RELATIVE AND GUARDIAN AND THE SCHOOL WON'T LET THEM GO TO SCHOOL THERE BUT WANT THEM TO GO TO SCHOOL WHERE BULLYING IS ALLOWED REAL SMART THINKING ON A SCHOOL STAFF.

  2. Family court judges never fail to surprise me with their irrational thinking. First of all any man who abuses his wife is not fit to be a parent. A man who can't control his anger should not be allowed around his child unsupervised period. Just because he's never been convicted of abusing his child doesn't mean he won't and maybe he hasn't but a man that has such poor judgement and control is not fit to parent without oversight - only a moron would think otherwise. Secondly, why should the mother have to pay? He's the one who made the poor decisions to abuse and he should be the one to pay the price - monetarily and otherwise. Yes it's sad that the little girl may be deprived of her father, but really what kind of father is he - the one that abuses her mother the one that can't even step up and do what's necessary on his own instead the abused mother is to pay for him???? What is this Judge thinking? Another example of how this world rewards bad behavior and punishes those who do right. Way to go Judge - NOT.

  3. Right on. Legalize it. We can take billions away from the drug cartels and help reduce violence in central America and more unwanted illegal immigration all in one fell swoop. cut taxes on the savings from needless incarcerations. On and stop eroding our fourth amendment freedom or whatever's left of it.

  4. "...a switch from crop production to hog production "does not constitute a significant change."??? REALLY?!?! Any judge that cannot see a significant difference between a plant and an animal needs to find another line of work.

  5. Why do so many lawyers get away with lying in court, Jamie Yoak?

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