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
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Hysteria? Really Ben? Tell the young lady reported on in the link below that worrying about the sexualizing of our children is mere hysteria. Such thinking is common in the Royal Order of Jesters and other running sex vacays in Thailand or Brazil ... like Indy's Jared Fogle. Those tempted to call such concerns mere histronics need to think on this: http://www.msn.com/en-us/news/us/a-12-year-old-girl-live-streamed-her-suicide-it-took-two-weeks-for-facebook-to-take-the-video-down/ar-AAlT8ka?li=AA4ZnC&ocid=spartanntp

  2. Hi I am Mr Damian Parker the creditor of Private loans, and I'm here to make your dreams come true to get a loan. Do you need a loan urgently? Do you need a loan to pay off your debts? Do you need a loan for expansion of your business or start your own business, we are here for you with a low interest rate of 3% and you can get a credit of 1,000 to 100,000,000.00 the maximum loan amount and up to 20 years loan duration. Contact us today for more information at dparkerservices@hotmail.com

  3. This is happening so much. Even in 2016.2017. I hope the father sue for civil rights violation. I hope he sue as more are doing and even without a lawyer as pro-se, he got a good one here. God bless him.

  4. JLAP and other courtiers ... Those running court systems, have most substance abuse issues. Probably self medicating to cover conscience issues arising out of acts furthering govt corruption

  5. I whole-heartedly agree with Doug Church's comment, above. Indiana lawyers were especially fortunate to benefit from Tom Pyrz' leadership and foresight at a time when there has been unprecedented change in the legal profession. Consider how dramatically computer technology and its role in the practice of law have changed over the last 25 years. The impact of the great recession of 2008 dramatically changed the composition and structure of law firms across the country. Economic pressures altered what had long been a routine, robust annual recruitment process for law students and recent law school graduates. That has, in turn, impacted law school enrollment across the country, placing upward pressure on law school tuition. The internet continues to drive significant changes in the provision of legal services in both public and private sectors. The ISBA has worked to make quality legal representation accessible and affordable for all who need it and to raise general public understanding of Indiana laws and procedures. How difficult it would have been to tackle each of these issues without Tom's leadership. Tom has set the tone for positive change at the ISBA to meet the evolving practice needs of lawyers of all backgrounds and ages. He has led the organization with vision, patience, flexibility, commitment, thoughtfulness & even humor. He will, indeed, be a tough act to follow. Thank you, Tom, for all you've done and all the energy you've invested in making the ISBA an excellent, progressive, highly responsive, all-inclusive, respectful & respected professional association during his tenure there.

ADVERTISEMENT