ILNews

Justices question prosecutor’s tactics, but decline to award new trial

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Supreme Court ruled Tuesday that while a Marion County prosecutor committed one instance of prosecutorial misconduct during a man’s trial for sexual misconduct with a minor, the effect of this misconduct did not make a fair trial for the defendant impossible.

“We recognize only a single instance of prosecutorial misconduct, namely that the prosecutor improperly urged the jury to convict the defendant for reasons other than his own guilt. But we decline to conclude that the trial court erred by not correcting the prosecutor’s misstatements,” Chief Justice Brent Dickson wrote in Bruce Ryan v. State of Indiana, 49S02-1311-CR-734.

The justices found no prosecutorial misconduct when the prosecutor commented on Ryan’s constitutional rights to a jury trial or on the truthfulness of the victim.

Bruce Ryan, an eight-grade science teacher, was charged with three counts of Class C felony sexual misconduct with a minor after he had a sexual relationship with a 15-year-old student. He was convicted on two counts, and on appeal, argued the convictions should be overturned due to remarks made by the deputy prosecutor during closing arguments.

The prosecutor alluded to “the bigger picture,” mentioned other perpetrators such as a teacher or pastor, and then implored the jury to “send the message that we’re not going to allow people to do this.”

“This clearly invited the jury to convict this defendant for reasons other than his own guilt, therefore constituting improper conduct,” Dickson wrote.

But Ryan’s failure to contemporaneously object and enable the trial court to take correct action resulted in procedural default of his appellate claim. The high court found no fundamental error occurred, requiring reversal of his convictions.

“Without question, the characterization of defense counsel’s line of argumentation as ‘how guilty people walk’ and a ‘trick,’ is inconsistent with the requirement that lawyers ‘demonstrate respect for the legal system and those who serve it, including … other lawyers,’” Dickson wrote. “But the defendant has failed to establish that, under all of the circumstances, such improper comments placed him in a position of grave peril to which he would not have been subjected to otherwise.”

“While we do not endorse the prosecutor’s trial tactics in this case, we affirm the judgment of the trial court,” Dickson wrote.

Justice Robert Rucker concurred in result without a separate opinion.  
 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Oh my lordy Therapist Oniha of the winexbackspell@gmail.com I GOT Briggs BACK. Im so excited, It only took 2days for him to come home. bless divinity and bless god. i must be dreaming as i never thoughts he would be back to me after all this time. I am so much shock and just cant believe my eyes. thank you thank you thank you from the bottom of my heart,he always kiss and hug me now at all times,am so happy my heart is back to me with your help Therapist Oniha.

  2. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  3. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  4. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  5. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

ADVERTISEMENT