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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. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  2. wow is this a bunch of bs! i know the facts!

  3. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  4. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

  5. It's a capital offense...one for you Latin scholars..

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