ILNews

Prosecutor misconduct leads to reversal

Back to TopE-mailPrintBookmark and Share

The Indiana Court of Appeals reversed a defendant's conviction of intimidation because several acts of misconduct constituted fundamental error. The appellate court also ruled the man could be retried on the charge.

In Marlow J. Lainhart v. State of Indiana, No. 24A01-0904-CR-184, Marlow Lainhart appealed his Class A misdemeanor conviction of intimidation, in which he was found guilty of communicating a threat to another person with intent to place the victim in fear of retaliation for a prior lawful act.

The charge stemmed from an incident in October 2007 in which Lainhart saw former friend Derek Durham talking on the side of the road to three women he knew while they were in their car. Lainhart called his father Kenny, and as the women were driving, Kenny drove his car into the back of their car. Threats were allegedly made toward the three women by Lainhart and his father. Two of the women went to the police and filed written statements about the incident.

On appeal, Lainhart challenged the prosecutor's actions and statements during voir dire and at trial. Even though he failed to object to any of the alleged misconduct at his trial, the appellate court reviewed the matter for fundamental error.

The prosecutor improperly distinguished the roles of the defense and prosecution in criminal cases during voir dire, the appellate court found. The prosecutor's statements to jurors exalted his own responsibility as a truth-seeker while degrading the role of defense counsel, wrote Judge Nancy Vaidik.

The prosecutor's reference to the possible punishment Lainhart could face if convicted was also improper, as well as the prosecutor's commentary during cross-examination and closing argument on Lainhart's failure to call defense witnesses. It's improper for a prosecutor to suggest a defendant must bear the burden of proof in a criminal matter, wrote the judge.

Finally, the Court of Appeals concluded the prosecutor's comments during jury selection and closing arguments pertaining to police officer credibility constituted improper indoctrination, vouching, and commentary on the justness of the cause.

Each of these improper comments or actions on their own may not result in fundamental error, but the cumulative effect of the misconduct made a fair trial impossible, the judges ruled.

The Court of Appeals reversed Lainhart's conviction, but found there was sufficient evidence for him to be retried if the state desired to do so. To clear up an issue that may arise on remand, the appellate court ruled the trial court erred by not issuing a unanimity instruction on the charge Lainhart faced. He was charged with unlawfully knowingly or intentionally communicating a threat to another person: Ruth Schreier, Jaime Baker, and/or Amy Robertson, with the intent that the other person be placed in fear of retaliation for a prior lawful act. The trial court should have instructed jurors that they had to reach a unanimous verdict as to which crime, if any, Lainhart committed, wrote the judge.

ADVERTISEMENT

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. I can understand a 10 yr suspension for drinking and driving and not following the rules,but don't you think the people who compleate their sentences and are trying to be good people of their community,and are on the right path should be able to obtain a drivers license to do as they please.We as a state should encourage good behavior instead of saying well you did all your time but we can't give you a license come on.When is a persons time served than cause from where I'm standing,its still a punishment,when u can't have the freedom to go where ever you want to in car,truck ,motorcycle,maybe their should be better programs for people instead of just throwing them away like daily trash,then expecting them to change because they we in jail or prison for x amount of yrs.Everyone should look around because we all pay each others bills,and keep each other in business..better knowledge equals better community equals better people...just my 2 cents

  2. I was wondering about the 6 million put aside for common attorney fees?does that mean that if you are a plaintiff your attorney fees will be partially covered?

  3. My situation was hopeless me and my husband was on the verge of divorce. I was in a awful state and felt that I was not able to cope with life any longer. I found out about this great spell caster drlawrencespelltemple@hotmail.com and tried him. Well, he did return and now we are doing well again, more than ever before. Thank you so much Drlawrencespelltemple@hotmail.comi will forever be grateful to you Drlawrencespelltemple@hotmail.com

  4. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

  5. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

ADVERTISEMENT