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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. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  2. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  3. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

  4. This is why it is important to consider Long term care insurance. For you and for your loved ones

  5. I am terrified to see Fracking going on not only in Indiana but in Knox county. Water is the most important resource we have any where. It will be the new gold, and we can't live without it and we can live without gold. How ignorant are people?

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