SCOTUS declines to take Indiana criminal case

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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.


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  1. Freedom From Religion Foundation: If you really want to be free from religion, don't go to the Christmas Play or the Christmas Pageant or the Christmas Parade. Anything with "Christ" or Saint...fill in the blank...would be off limits to you. Then leave the rest of us ALONE!

  2. So the prosecutor made an error and the defendants get a full remedy. Just one short paragraph to undo the harm of the erroneous prosecution. Wow. Just wow.

  3. Wake up!!!! Lawyers are useless!! it makes no difference in any way to speak about what is important!! Just dont tell your plans to the "SELFRIGHTEOUS ARROGANT JERKS!! WHO THINK THEY ARE BETTER THAN ANOTHER MAN/WOMAN!!!!!!

  4. Looks like you dont understand Democracy, Civilized Society does not cut a thiefs hands off, becouse now he cant steal or write or feed himself or learn !!! You deserve to be over punished, Many men are mistreated hurt in many ways before a breaking point happens! grow up !!!

  5. It was all that kept us from tyranny. So sad that so few among the elite cared enough to guard the sacred trust. Nobody has a more sacred obligation to obey the law than those who make the law. Sophocles No man is above the law and no man is below it; nor do we ask any man's permission when we ask him to obey it. Obedience to the law is demanded as a right; not asked as a favor. Theodore Roosevelt That was the ideal ... here is the Hoosier reality: The King can do no wrong. Legal maxim From the Latin 'Rex non potest peccare'. When the President does it, that means that it is not illegal. Richard Nixon