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Justices: No error in declaring mistrial

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A trial court's determination to discharge a jury at a defendant's second trial wasn't an abuse of discretion, the Indiana Supreme Court ruled Tuesday.

At issue in Gary Dennis Jackson v. State of Indiana, No. 39S01-0907-CR-309, was whether the jury at Gary Dennis Jackson's second trial for battery should have been dismissed and whether Jackson's conviction at his third trial violated double jeopardy rules. Jackson's first trial ended in a hung jury; the same day the jury was sworn in for his second trial, a newspaper article ran about the trial with an excerpt from a letter Jackson wrote to the prosecutor trying his case. The state requested a mistrial because it believed an admonishment to the jury couldn't overcome the prejudice against the state created by the article. Five jurors admitted to being exposed to the article. The trial court granted the motion for mistrial.

At Jackson's third trial, he was convicted of Class C felony battery resulting in serious bodily injury. The Indiana Court of Appeals reversed his conviction, finding the trial court abused its discretion in granting the mistrial and the retrial was barred by double jeopardy.

Citing various United States Supreme Court and Indiana appellate decisions on mistrials, the Supreme Court found the trial court's decision to grant the mistrial and order a new trial wasn't an abuse of discretion. The justices disagreed with Jackson that the trial court had to make explicit findings or give explanations as to why it granted the mistrial. The trial court also wasn't required to admonish the jury or attempt other measures before declaring the mistrial.

"The trial court's decision is bolstered by the fact that the jurors were exposed to the article the same day they were impaneled and the mistrial was declared the next day. This was before any evidence was introduced, and even before opening statements," wrote Justice Theodore Boehm.

The justices also affirmed the exclusion of a paramedic's testimony that while he was treating the victim, someone said that the victim fell and hit his head against the wall. The paramedic's account was hearsay and not admissible under any exclusions. The high court also found sufficient evidence to support Jackson's conviction.

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  1. "...not those committed in the heat of an argument." If I ever see a man physically abusing a woman or a child and I'm close enough to intercede I will not ask him why he is abusing her/him. I will give him a split second to cease his attack and put his hands in the air while I call the police. If he continues, I will still call the police but to report, "Man down with a gunshot wound,"instead.

  2. And so the therapeutic state is weaonized. How soon until those with ideologies opposing the elite are disarmed in the name of mental health? If it can start anywhere it can start in the hoosiers' slavishly politically correct capital city.

  3. So this firebrand GOP Gov was set free by a "unanimous Supreme Court" , a court which is divided, even bitterly, on every culture war issue. WHAT A RESOUNDING SLAP in the Virginia Court's face! How bad must it have been. And all the journalists, lap dogs of the status quo they are, can do is howl that others cannot be railroaded like McDonald now??? Cannot reflect upon the ruining of Winston and Julia's life and love? (Oh I forget, the fiction at this Ministry of Truth is that courts can never err, and when they do, and do greatly, as here, why then it must be ignored, since it does not compute.)

  4. My daughter is a addict and my grandson was taken by DCS and while in hospital for overdose my daughter was told to sign papers from DCS giving up her parental rights of my grandson to the biological father's mom and step-dad. These people are not the best to care for him and I was never called or even given the chance to take him, but my daughter had given me guardianship but we never went to court to finalize the papers. Please I have lost my daughter and I dont want to lose my grandson as well. I hope and look forward to speaking with you God Bless and Thank You for all of your help

  5. To Bob- Goooooood, I'm glad you feel that way! He's alive and happy and thriving and out and I'm his woman and we live in West Palm Beach Florida, where his parents have a sprawling estate on an exclusive golf course......scum bag

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