ILNews

Trial court properly retained 1 juror, dismissed other

Back to TopCommentsE-mailPrintBookmark and Share

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.


 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. The is an unsigned editorial masquerading as a news story. Almost everyone quoted was biased in favor of letting all illegal immigrants remain in the U.S. (Ignoring that Obama deported 3.5 million in 8 years). For some reason Obama enforcing part of the immigration laws was O.K. but Trump enforcing additional parts is terrible. I have listed to press conferences and explanations of the Homeland Security memos and I gather from them that less than 1 million will be targeted for deportation, the "dreamers" will be left alone and illegals arriving in the last two years -- especially those arriving very recently -- will be subject to deportation but after the criminals. This will not substantially affect the GDP negatively, especially as it will take place over a number of years. I personally think this is a rational approach to the illegal immigration problem. It may cause Congress to finally pass new immigration laws rationalizing the whole immigration situation.

  2. Mr. Straw, I hope you prevail in the fight. Please show us fellow American's that there is a way to fight the corrupted justice system and make them an example that you and others will not be treated unfairly. I hope you the best and good luck....

  3. @ President Snow - Nah, why try to fix something that ain't broken??? You do make an excellent point. I am sure some Mickey or Minnie Mouse will take Ruckers seat, I wonder how his retirement planning is coming along???

  4. Can someone please explain why Judge Barnes, Judge Mathias and Chief Judge Vaidik thought it was OK to re weigh the evidence blatantly knowing that by doing so was against the rules and went ahead and voted in favor of the father? I would love to ask them WHY??? I would also like to ask the three Supreme Justices why they thought it was OK too.

  5. How nice, on the day of my car accident on the way to work at the Indiana Supreme Court. Unlike the others, I did not steal any money or do ANYTHING unethical whatsoever. I am suing the Indiana Supreme Court and appealed the failure of the district court in SDIN to protect me. I am suing the federal judge because she failed to protect me and her abandonment of jurisdiction leaves her open to lawsuits because she stripped herself of immunity. I am a candidate for Indiana Supreme Court justice, and they imposed just enough sanction so that I am made ineligible. I am asking the 7th Circuit to remove all of them and appoint me as the new Chief Justice of Indiana. That's what they get for dishonoring my sacrifice and and violating the ADA in about 50 different ways.

ADVERTISEMENT