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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. YES I WENT THROUGH THIS BEFORE IN A DIFFERENT SITUATION WITH MY YOUNGEST SON PEOPLE NEED TO LEAVE US ALONE WITH DCS IF WE ARE NOT HURTING OR NEGLECT OUR CHILDREN WHY ARE THEY EVEN CALLED OUT AND THE PEOPLE MAKING FALSE REPORTS NEED TO GO TO JAIL AND HAVE A CLASS D FELONY ON THERE RECORD TO SEE HOW IT FEELS. I WENT THREW ALOT WHEN HE WAS TAKEN WHAT ELSE DOES THESE SCHOOL WANT ME TO SERVE 25 YEARS TO LIFE ON LIES THERE TELLING OR EVEN LE SAME THING LIED TO THE COUNTY PROSECUTOR JUST SO I WOULD GET ARRESTED AND GET TIME HE THOUGHT AND IT TURNED OUT I DID WHAT I HAD TO DO NOT PROUD OF WHAT HAPPEN AND SHOULD KNOW ABOUT SEEKING MEDICAL ATTENTION FOR MY CHILD I AM DISABLED AND SICK OF GETTING TREATED BADLY HOW WOULD THEY LIKE IT IF I CALLED APS ON THEM FOR A CHANGE THEN THEY CAN COME AND ARREST THEM RIGHT OUT OF THE SCHOOL. NOW WE ARE HOMELESS AND THE CHILDREN ARE STAYING WITH A RELATIVE AND GUARDIAN AND THE SCHOOL WON'T LET THEM GO TO SCHOOL THERE BUT WANT THEM TO GO TO SCHOOL WHERE BULLYING IS ALLOWED REAL SMART THINKING ON A SCHOOL STAFF.

  2. Family court judges never fail to surprise me with their irrational thinking. First of all any man who abuses his wife is not fit to be a parent. A man who can't control his anger should not be allowed around his child unsupervised period. Just because he's never been convicted of abusing his child doesn't mean he won't and maybe he hasn't but a man that has such poor judgement and control is not fit to parent without oversight - only a moron would think otherwise. Secondly, why should the mother have to pay? He's the one who made the poor decisions to abuse and he should be the one to pay the price - monetarily and otherwise. Yes it's sad that the little girl may be deprived of her father, but really what kind of father is he - the one that abuses her mother the one that can't even step up and do what's necessary on his own instead the abused mother is to pay for him???? What is this Judge thinking? Another example of how this world rewards bad behavior and punishes those who do right. Way to go Judge - NOT.

  3. Right on. Legalize it. We can take billions away from the drug cartels and help reduce violence in central America and more unwanted illegal immigration all in one fell swoop. cut taxes on the savings from needless incarcerations. On and stop eroding our fourth amendment freedom or whatever's left of it.

  4. "...a switch from crop production to hog production "does not constitute a significant change."??? REALLY?!?! Any judge that cannot see a significant difference between a plant and an animal needs to find another line of work.

  5. Why do so many lawyers get away with lying in court, Jamie Yoak?

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