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Trial court didn't err in denying mistrial

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A trial court didn't abuse its discretion in denying a mistrial after learning a juror asked the state's firearms expert a question outside the courtroom during a recess in the trial, the Indiana Court of Appeals ruled.

Zachariah H. Holden appealed his conviction of Class B felony robbery and adjudication as a habitual offender, arguing his motion for a mistrial should have been granted based on the juror's actions. Deputy Sheriff Steven Lawson testified as an expert on firearms and firearms identification. He reviewed two photographs taken from surveillance video of the gun used during the robbery of a convenience store. He testified based on the photos, the gun was a six-shot Taurus .357 revolver with a 6 ½-inch barrel. But, he later said he couldn't tell based on the photos if the gun was a six- or eight-shot gun.

During a recess, a juror asked the deputy sheriff if he could tell whether the gun was a six- or eight-shot revolver, and he said he couldn't tell by looking at the photos. Lawson told the juror he thought it was a six-shot but there are two versions of the gun. After learning of the incident, the court brought all the jurors in, admonished them, informed them they couldn't ask questions outside of the courtroom, and put Lawson back on the stand to answer the question.

Holden had moved for a mistrial because Lawson talked to the juror about an issue directly related to the case; the trial court denied it because it didn't involve an outside influence talking to the juror. Defense counsel rejected the idea of dismissing the juror.

In Holden v. State, No. 57A03-0903-CR-111, the appellate court determined the failure to grant a mistrial wasn't an error. Holden likely waived the issue because his counsel declined to replace the juror, wrote Judge Nancy Vaidik.

Even if he didn't waive the issue, the juror's misconduct didn't warrant a mistrial. Lawson originally had testified he couldn't tell whether the gun was a six- or eight-shot revolver, and when he was put back on the stand, gave the same answer. Lawson's answer to the juror that the gun was a six-shot was actually favorable to Holden, she noted.

"In light of this evidence, the juror's misconduct was not so prejudicial and inflammatory that Holden was placed in a position of grave peril to which he should not have been subjected," she wrote.

The appellate court also noted per Indiana Jury Rule 24, the trial court should have examined the juror under oath in the presence of the parties and outside the presence of the other jurors about her knowledge of the gun, and possibly excused her. Because the court admonished the jurors, asked Lawson the very question the juror had asked outside the courtroom, and his answers were substantially the same, any error in failing to follow Jury Rule 24 was harmless, wrote Judge Vaidik.

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  1. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

  2. Wow, over a quarter million dollars? That is a a lot of commissary money! Over what time frame? Years I would guess. Anyone ever try to blow the whistle? Probably not, since most Hoosiers who take notice of such things realize that Hoosier whistleblowers are almost always pilloried. If someone did blow the whistle, they were likely fired. The persecution of whistleblowers is a sure sign of far too much government corruption. Details of my own personal experience at the top of Hoosier governance available upon request ... maybe a "fake news" media outlet will have the courage to tell the stories of Hoosier whistleblowers that the "real" Hoosier media (cough) will not deign to touch. (They are part of the problem.)

  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  5. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

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