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Trial court properly retained 1 juror, dismissed other

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A defendant who argued that a Marion Superior Court should have dismissed a juror after she stood near the defendant and his attorney briefly during a recess, but should not have replaced the juror who claimed she wasn’t comfortable rendering a decision, lost before the Court of Appeals Wednesday.

Romero Leslie appealed his conviction of Class B felony dealing in cocaine, arguing fundamental error by the trial court when it denied his request to dismiss juror Kim Shiflette. During a recess, Shiflette left the jury room unaccompanied in search of the bailiff and stood in a hallway near Leslie and his attorney for about 10 seconds before Leslie and his attorney saw her and stopped talking. The two were discussing trial strategy.

After a lengthy discussion with the court, Master Commissioner Peggy R. Hart allowed Shiflette to stay on the jury. Leslie did not object. Shiflette said she did not hear the conversation between Leslie and his attorney. But on appeal, he argued Hart committed fundamental error by allowing Shiflette to remain a juror.

There was no direct contact between Shiflette and Leslie or his attorney, and she said she didn’t recognize the defendant or his lead attorney in the hallway, Judge Edward Najam wrote in Romero Leslie v. State of Indiana, 49A04-1203-CR-135.

Leslie also claimed on appeal Hart should not have replaced Kermetha Brown with an alternate juror over his objection. Shortly after deliberations began, Brown wrote the court a note saying she was not comfortable deciding whether Leslie is guilty. Brown repeatedly told Hart that she was uncomfortable making a decision and she couldn’t render a decision.

The trial court determined that Brown’s inability to make a decision as a juror affected the integrity of the process, Najam wrote, and Leslie didn’t show how replacing her prejudiced the deliberations of the rest of the panel or impaired his right to a trial by jury.


 

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  1. wow is this a bunch of bs! i know the facts!

  2. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  3. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

  4. It's a capital offense...one for you Latin scholars..

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