Jurors

District courts warn of new juror scam

August 1, 2014
Marilyn Odendahl
Once again, the federal courts are warning of a juror scam designed to trick unsuspecting people into giving their personal information.
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Venue change granted for Indy house blast suspect

July 31, 2014
 Associated Press
A judge granted a change of venue Wednesday for the trial of one defendant in a deadly Indianapolis house explosion after prosecutors dropped their objection.
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Ex-IMPD officer claims juror misconduct, denied due process

July 24, 2014
Jennifer Nelson
The former Indianapolis police officer convicted of killing one motorcyclist and injuring two others when he hit them while driving his patrol car in 2010 argues in his brief filed Wednesday that he is entitled to a new trial.
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Dozing juror should have stayed in deliberations

July 11, 2014
Marilyn Odendahl
A juror who gave the lone vote to acquit and eventually refused to deliberate did not meet the criteria for removal, the Indiana Court of Appeals has ruled.
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COA orders hearing to determine juror bias against plaintiff

June 25, 2014
Jennifer Nelson
The Indiana Court of Appeals ruled that a trial court should have ordered an evidentiary hearing to determine whether a juror in an auto accident case was biased against the plaintiff instead of ordering a new trial regarding damages.
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Judges reverse convictions due to Batson challenge error

May 28, 2014
Jennifer Nelson
A Marion County trial court erred when it overruled a man’s Batson challenge contesting the state’s use of a peremptory challenge to strike an African-American juror, the Indiana Court of Appeals held Wednesday. The appeals court overturned Tyrece Robertson’s convictions and ordered a new trial.
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Justices: Cop went too far in saying man’s race prevented a fair trial

May 13, 2014
Jennifer Nelson
The Indiana Supreme Court had strong words for police officers who intentionally mislead a suspect as to his rights to a fair trial and impartial jury because of his race: The tactic is unacceptable.
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Justices clarify jury taint, mistrial standards

April 30, 2014
Jennifer Nelson
Because the Indiana Court of Appeals cited three different mistrial standards in a man’s appeal of the denial of his motion for a mistrial, the Indiana Supreme Court took his case to clarify its precedent for trial courts to use to determine whether a mistrial is a cure for a jury taint.
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Court upholds man’s molestation convictions

April 24, 2014
Jennifer Nelson
Finding no juror misconduct or any fundamental error in the admission of certain testimony during a man’s trial for molesting his daughter, the Indiana Court of Appeals upheld his multiple molestation convictions. He will also have to file a petition for post-conviction relief to challenge his habitual offender adjudication.
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ABA: Lawyers should not contact jurors through social media

April 24, 2014
Jennifer Nelson
Attorneys can look at a juror’s public Facebook page but shouldn’t message the juror through the Internet or social media and try to access a private account, according to a formal opinion released Thursday by the American Bar Association.
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Courts warn of fake jury duty calls seeking financial data

February 7, 2014
IL Staff
State courts are warning of phone scams in which callers allege a penalty for missing jury duty can be resolved by providing financial information to pay a fine.
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Divided COA: Statement on record unneeded to waive jury trial

October 11, 2013
Dave Stafford
The majority of a Court of Appeals panel affirmed a Hendricks County man’s conviction in a bench trial of misdemeanor intimidation, but a dissenting COA judge wrote the defendant was improperly denied a jury trial and his conviction should be tossed.
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Failure to object to anonymous jury not ineffective assistance

September 30, 2013
Dave Stafford
A man convicted of murdering his 39-week-pregnant estranged wife cannot claim he received ineffective assistance of counsel because his attorney failed to object to an anonymous jury, the Indiana Court of Appeals ruled Monday.
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Man accused of violating city ordinances entitled to jury trial

July 11, 2013
Jennifer Nelson
Because the underlying substantive claims brought against an Indianapolis man regarding his treatment of his dog are quasi-criminal, he is entitled to a jury trial under the Indiana Constitution, the Indiana Court of Appeals has ruled.
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Jurors may be asked mental health, suicide questions in Shuai case

May 31, 2013
Dave Stafford
Potential jurors in the high-profile trial of a Chinese immigrant charged with murder for the death of her newborn daughter won’t have to disclose their religious or political views, but they will be asked whether they or people close to them have been treated for mental health issues, suffered the loss of an infant or attempted suicide.
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Appeals panel voids gun conviction, cuts child porn sentence

May 20, 2013
Dave Stafford
An Indianapolis man sentenced to 11 years in prison for possession of child pornography and a felony gun charge had his most serious conviction vacated and his sentence reduced to no more than four years.
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Bailiff’s communication with juror leads to reversal of convictions

May 16, 2013
Jennifer Nelson
The bailiff at a man’s trial for criminal recklessness and resisting law enforcement improperly communicated with the jury foreperson regarding reaching a verdict, leading the Indiana Court of Appeals to reverse Jason Lee Sowers’ convictions.
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Presence of alternate juror in deliberation room not reversible error

April 4, 2013
Dave Stafford
A man’s conviction of methamphetamine and firearms crimes in the U.S. District Court for the Southern District of Indiana was not prejudiced by the presence of an alternate juror in the deliberation room, the 7th Circuit Court of Appeals ruled Thursday.
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Prospective juror’s criticism of lawyer OK in verdict for hospital

March 25, 2013
Dave Stafford
When a prospective juror in a wrongful death lawsuit against a hospital said he believed a lawyer was suing to make money, that attorney’s failure to ask the judge for an admonishment of the jury pool waived her later argument for a mistrial, the Court of Appeals ruled Monday.
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Judging the jury

January 30, 2013
Dave Stafford
Dennis Stolle is a partner at Barnes & Thornburg LLP, but his skills as a doctor of social psychology are more important in his niche as a jury consultant.
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Trial court properly retained 1 juror, dismissed other

November 21, 2012
Jennifer Nelson
A defendant who argued that a Marion Superior Court should have dismissed a juror after she stood near the defendant and his attorney briefly during a recess, but should not have replaced the juror who claimed she wasn’t comfortable rendering a decision, lost before the Court of Appeals Wednesday.
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COA rejects arguments Batson should extend to juror age

October 2, 2012
Jennifer Nelson
A trial court did not err in overruling a defendant’s Batson objection to the removal of two African-Americans from the jury during his trial for drug charges, the Court of Appeals held Tuesday.
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Chief justice approves master jury list

September 20, 2012
Jennifer Nelson
Indiana Chief Justice Brent Dickson has signed off on the 2013 master list for jury pool assembly. The Judicial Technology & Automation and Jury committees merged data from the Bureau of Motor Vehicles and Department of Revenue to create the list. Any obvious duplicate information, errors or nonqualified persons were removed.
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Mom’s conviction due to child’s school absences upheld

August 30, 2012
Jennifer Nelson
The Indiana Court of Appeals concluded that an Indianapolis mother was not unlawfully denied a right to a jury trial on her Class B misdemeanor failure to ensure school attendance charge.
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7th Circuit vacates habeas petition, orders further proceedings

August 30, 2012
Jennifer Nelson
Although a District Court’s grant of the habeas petition of a man claiming he didn’t have an impartial jury was reversed by the 7th Circuit Court of Appeals, the case was sent back to the lower court for the state to show that the jury was not prejudiced.
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