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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. A sad end to a prolific gadfly. Indiana has suffered a great loss in the journalistic realm.

  2. Good riddance to this dangerous activist judge

  3. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  4. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  5. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

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