ILNews

Trial court properly retained 1 juror, dismissed other

Back to TopCommentsE-mailPrint

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

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

  2. As a lawyer who grew up in Fort Wayne (but went to a real law school), it is not that hard to find a mentor in the legal community without your school's assistance. One does not need to pay tens of thousands of dollars to go to an unaccredited legal diploma mill to get a mentor. Having a mentor means precisely nothing if you cannot get a job upon graduation, and considering that the legal job market is utterly terrible, these students from Indiana Tech are going to be adrift after graduation.

  3. 700,000 to 800,000 Americans are arrested for marijuana possession each year in the US. Do we need a new justice center if we decriminalize marijuana by having the City Council enact a $100 fine for marijuana possession and have the money go towards road repair?

  4. I am sorry to hear this.

  5. I tried a case in Judge Barker's court many years ago and I recall it vividly as a highlight of my career. I don't get in federal court very often but found myself back there again last Summer. We had both aged a bit but I must say she was just as I had remembered her. Authoritative, organized and yes, human ...with a good sense of humor. I also appreciated that even though we were dealing with difficult criminal cases, she treated my clients with dignity and understanding. My clients certainly respected her. Thanks for this nice article. Congratulations to Judge Barker for reaching another milestone in a remarkable career.

ADVERTISEMENT