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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. Well, maybe it's because they are unelected, and, they have a tendency to strike down laws by elected officials from all over the country. When you have been taught that "Democracy" is something almost sacred, then, you will have a tendency to frown on such imperious conduct. Lawyers get acculturated in law school into thinking that this is the very essence of high minded government, but to people who are more heavily than King George ever did, they may not like it. Thanks for the information.

  2. I pd for a bankruptcy years ago with Mr Stiles and just this week received a garnishment from my pay! He never filed it even though he told me he would! Don't let this guy practice law ever again!!!

  3. Excellent initiative on the part of the AG. Thankfully someone takes action against predators taking advantage of people who have already been through the wringer. Well done!

  4. Conour will never turn these funds over to his defrauded clients. He tearfully told the court, and his daughters dutifully pledged in interviews, that his first priority is to repay every dime of the money he stole from his clients. Judge Young bought it, much to the chagrin of Conour’s victims. Why would Conour need the $2,262 anyway? Taxpayers are now supporting him, paying for his housing, utilities, food, healthcare, and clothing. If Conour puts the money anywhere but in the restitution fund, he’s proved, once again, what a con artist he continues to be and that he has never had any intention of repaying his clients. Judge Young will be proven wrong... again; Conour has no remorse and the Judge is one of the many conned.

  5. Pass Legislation to require guilty defendants to pay for the costs of lab work, etc as part of court costs...

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