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Security concerns should be part of record

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The Indiana Supreme Court wants state trial judges to offer written guidance if and when courthouse or jury security concerns come up during trial.

In its Friday decision in Chawknee Caruthers v. State of Indiana, No. 46S05-0910-CR-431, the state’s five justices analyzed a high-profile murder case before LaPorte Superior Judge Kathleen Lang in 2008. The case involves Chawknee Caruthers’ shooting and killing a man after mistaking him for someone else, and a jury found Caruthers guilty of murder.

During the trial, the court took extra security measures to address juror concerns that aren’t specified in the record. The court ruling says that Caruthers’ lawyer, James Cupp from Michigan City, made a statement on the final day of trial: “There apparently is some information afloat which I would characterize as somewhat a thinly veiled allegation of jury tampering, and that concerns me greatly. Apparently, someone somewhere has received some information from a juror or jurors that one or more of them, the jurors, are feeling intimidated by actions that such juror or jurors attribute to my client. I wanted to make a record of that, Your Honor, because I think it’s a very serious allegation …”

Cupp didn’t ask the court to take any action, according to the Supreme Court decision, and the trial continued and resulted in the jury convicting Caruthers of murder and finding him to be a habitual offender. At the sentencing hearing, the trial judge acknowledged the extra security and alternative parking for jurors and said the court advised them of the ministerial aspects of the precautions, but no one ever informed the judge about anyone being personally approached or threatened.

On appeal, Caruthers argued the trial court didn’t adequately interrogate the jury about the effect those security concerns had on their impartiality. The Court of Appeals issued a 2-1 decision last year reversing the convictions, finding the lower court should have at least inquired about the issue.

But the justices disagree with that.

“To require jury interrogations in any case that calls for heightened security measures would amount to an extreme precaution against jury bias,” Chief Justice Randall T. Shepard wrote, turning to precedent to say that it can’t infer prejudice when none is shown and no relationship appears to exist between a juror and one of the parties.

But even with that, the justices do point out that lower court judges should offer as much guidance as possible to allow appellate courts to adequately review circumstances.

“We acknowledge that best practice would have been for the trial court to enter its observations into the record at the time action was taken, giving further description of the nature of the jurors’ concerns and its reasoning for taking the security measures it did and not anything more,” the chief justice wrote.
 

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  1. Employers should not have racially discriminating mind set. It has huge impact on the society what the big players do or don't do in the industry. Background check is conducted just to verify whether information provided by the prospective employee is correct or not. It doesn't have any direct combination with the rejection of the employees. If there is rejection, there should be something effective and full-proof things on the table that may keep the company or the people associated with it in jeopardy.

  2. Unlike the federal judge who refused to protect me, the Virginia State Bar gave me a hearing. After the hearing, the Virginia State Bar refused to discipline me. VSB said that attacking me with the court ADA coordinator had, " all the grace and charm of a drive-by shooting." One does wonder why the VSB was able to have a hearing and come to that conclusion, but the federal judge in Indiana slammed the door of the courthouse in my face.

  3. I agree. My husband has almost the exact same situation. Age states and all.

  4. Thanks Jim. We surprised ourselves with the first album, so we did a second one. We are releasing it 6/30/17 at the HiFi. The reviews so far are amazing! www.itsjustcraig.com Skope Mag: It’s Just Craig offers a warm intimacy with the tender folk of “Dark Corners”. Rather lovely in execution, It’s Just Craig opts for a full, rich sound. Quite ornate instrumentally, the songs unfurl with such grace and style. Everything about the album feels real and fully lived. By far the highlight of the album are the soft smooth reassuring vocals whose highly articulate lyrics have a dreamy quality to them. Stories emerge out of these small snapshots of reflective moments.... A wide variety of styles are utilized, with folk anchoring it but allowing for chamber pop, soundtrack work, and found electronics filtering their way into the mix. Without a word, It’s Just Craig sets the tone of the album with the warble of “Intro”. From there things get truly started with the hush of “Go”. Building up into a great structure, “Go” has a kindness to it. Organs glisten in the distance on the fragile textures of “Alone” whose light melody adds to the song’s gorgeousness. A wonderful bloom of color defines the spaciousness of “Captain”. Infectious grooves take hold on the otherworldly origins of “Goodnight” with precise drum work giving the song a jazzy feeling. Hazy to its very core is the tragedy of “Leaving Now”. By far the highlight of the album comes with the closing impassioned “Thirty-Nine” where many layers of sound work together possessing a poetic quality.

  5. Andrew, if what you report is true, then it certainly is newsworthy. If what you report is false, then it certainly is newsworthy. Any journalists reading along??? And that same Coordinator blew me up real good as well, even destroying evidence to get the ordered wetwork done. There is a story here, if any have the moxie to go for it. Search ADA here for just some of my experiences with the court's junk yard dog. https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert Yep, drive by shootings. The lawyers of the Old Dominion got that right. Career executions lacking any real semblance of due process. It is the ISC way ... under the bad shepard's leadership ... and a compliant, silent, boot-licking fifth estate.

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