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Prosecutor error insufficient to reverse murder conviction

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A prosecutor improperly presented facts that were not in evidence and inflamed the passions and prejudices of jurors in a murder trial, but his improper conduct didn’t rise to the level of reversible error, the Indiana Court of Appeals ruled Friday.

Alton Neville was convicted after a Marion Superior Court jury trial in December 2011 and sentenced to 55 years in prison on a count of murder and a charge of carrying a handgun without a license.

Neville shot and killed Jamal Hood near the intersection of West 31st and Clifton streets in Indianapolis on March 23, 2011, the jury found. On appeal Neville’s attorney raised several allegations of prosecutorial misconduct, including vouching for a witness, mischaracterizing evidence, arguing inconsistent facts, presenting facts not in evidence and inflaming the passions and prejudices of the jury.

The court in a unanimous opinion ruled that the prosecutor had committed the latter two transgressions and also that evidence was improperly admitted. But none of those missteps rise to the level of fundamental error, Judge Terry Crone wrote in Alton Neville v. State of Indiana, 49A05-1201-CR-9.

The prosecutor suggested that Neville stood over Hood’s body and gloated, a fact the court ruled was not in evidence.

The prosecutor also inflamed jurors’ passions and prejudices during final arguments, the judges ruled. “Based on the lies you’ve heard from him [Neville], but mostly based on the evidence that we presented before you, convict him. Do it for Jamal,” according to court records.
   
“Neville’s defense counsel forcefully countered the prosecutor’s arguments,” Crone wrote. “[T]he prosecutor’s improper comments, either singularly or collectively, were not so detrimental to the opportunities for the ascertainment of truth so as to make a fair trial impossible.”

The panel also found Neville’s sentence was not inappropriate. “Balancing the letters on behalf of Neville against his criminal history, we cannot say that Neville’s character warrants a sentence below the advisory,” the opinion says.

 

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  1. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

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  3. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  4. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  5. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

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