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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. My daughter was taken from my home at the end of June/2014. I said I would sign the safety plan but my husband would not. My husband said he would leave the house so my daughter could stay with me but the case worker said no her mind is made up she is taking my daughter. My daughter went to a friends and then the friend filed a restraining order which she was told by dcs if she did not then they would take my daughter away from her. The restraining order was not in effect until we were to go to court. Eventually it was dropped but for 2 months DCS refused to allow me to have any contact and was using the restraining order as the reason but it was not in effect. This was Dcs violating my rights. Please help me I don't have the money for an attorney. Can anyone take this case Pro Bono?

  2. If justice is not found in a court room, it's time to clean house!!! Even judges are accountable to a higher Judge!!!

  3. The small claims system, based on my recent and current usage of it, is not exactly a shining example of justice prevailing. The system appears slow and clunky and people involved seem uninterested in actually serving justice within a reasonable time frame. Any improvement in accountability and performance would gain a vote from me. Speaking of voting, what do the people know about judges and justice from the bench perspective. I think they have a tendency to "vote" for judges based on party affiliation or name coolness factor (like Stoner, for example!). I don't know what to do in my current situation other than grin and bear it, but my case is an example of things working neither smoothly, effectively nor expeditiously. After this experience I'd pay more to have the higher courts hear the case -- if I had the money. Oh the conundrum.

  4. My dear Smith, I was beginning to fear, from your absense, that some Obrien of the Nanny State had you in Room 101. So glad to see you back and speaking truth to power, old chum.

  5. here is one from Reason magazine. these are not my words, but they are legitimate concerns. http://reason.com/blog/2010/03/03/fearmongering-at-the-splc quote: "The Southern Poverty Law Center, which would paint a box of Wheaties as an extremist threat if it thought that would help it raise funds, has issued a new "intelligence report" announcing that "an astonishing 363 new Patriot groups appeared in 2009, with the totals going from 149 groups (including 42 militias) to 512 (127 of them militias) -- a 244% jump." To illustrate how dangerous these groups are, the Center cites some recent arrests of right-wing figures for planning or carrying out violent attacks. But it doesn't demonstrate that any of the arrestees were a part of the Patriot milieu, and indeed it includes some cases involving racist skinheads, who are another movement entirely. As far as the SPLC is concerned, though, skinheads and Birchers and Glenn Beck fans are all tied together in one big ball of scary. The group delights in finding tenuous ties between the tendencies it tracks, then describing its discoveries in as ominous a tone as possible." --- I wonder if all the republicans that belong to the ISBA would like to know who and why this outfit was called upon to receive such accolades. I remember when they were off calling Trent Lott a bigot too. Preposterous that this man was brought to an overwhelmingly republican state to speak. This is a nakedly partisan institution and it was a seriously bad choice.

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