ILNews

SCOTUS declines to take Indiana criminal case

Back to TopCommentsE-mailPrintBookmark and Share

The nation’s highest court won’t take a case asking whether a defendant’s second trial was barred by the double jeopardy clause of the Fifth Amendment, meaning that an Indiana Supreme Court decision on the issue will stand.

In an order list released Monday, the Supreme Court of the United States decided against taking the case of Nathan Brock v. State of Indiana, No. 11-8436, challenging a decision by the state justices last year.

In that Oct. 18 ruling, the justices found that although the defendant didn’t consent to a mistrial, Jay Superior Judge Max Ludy Jr. didn’t abuse his discretion in finding that a mistrial was justified by “manifest necessity.”

Nathan Brock appealed his conviction of Class C felony operating a motor vehicle after forfeiture of driving privileges for life. He was charged with violating Indiana Code 9-30-10-17, and during trial his defense counsel made several improper statements to the jury — including insinuating that redacted material in Brock’s driving record may have been beneficial to Brock. The state moved for a mistrial, but the court denied it and ordered that evidence would be reopened. After a short recess, Ludy decided to grant the request for a mistrial and discharged the jury. Brock filed a motion to dismiss on double jeopardy grounds just before his second trial was to begin. The trial court denied that motion and he was convicted. The Indiana Court of Appeals affirmed, finding Brock waived his right to claim double jeopardy because he didn’t timely object to the state’s motion for a mistrial, and manifest necessity justified the judge’s decision.

In its decision, Justice Frank Sullivan wrote that Brock did not consent to the trial judge’s declaration of a mistrial. The court adopted the approach taken by the federal appellate courts which have held that a defendant consents to a mistrial when he or she has an opportunity to object and fails to do so. These courts have also recognized that sometimes there is no opportunity to object and to prohibit a defendant from raising a double jeopardy claim under these circumstances would be too harsh, Sullivan wrote.

Brock’s attorney, Dale Arnett in Winchester, filed a petition for certiorari in October and this denial means the state ruling is the final word unless a rehearing request is filed with the SCOTUS.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
2015 Distinguished Barrister &
Up and Coming Lawyer Reception

Tuesday, May 5, 2015 • 4:30 - 7:00 pm
Learn More


ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

ADVERTISEMENT