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YouTube video prejudiced jury

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The use of a YouTube video during closing arguments as a demonstrative aid by the state warrants a reversal of a robbery conviction because it may have prejudiced the jury, the Indiana Court of Appeals ruled today.

In Terrence Miller v. State of Indiana, No. 09A02-0812-CR-1133, Terrence Miller appealed his conviction of Class B felony robbery and 18-year sentence to the Indiana Department of Correction. He claimed the trial court shouldn't have allowed the prosecutor to use a YouTube video created for school administrators to show how easily people could conceal weapons inside their clothing. The prosecutor noted before playing the video for the jury that it had nothing to do with the case.

Miller's defense was mistaken identity, and the fact whether the robber had a concealed weapon wasn't challenged at trial. The use of the video didn't meet the factors under Peterson v. State, 514 N.E.2d 265, 270 (Ind. 1987), the Court of Appeals determined.

Judges Melissa May and Paul Barnes concluded the use of the YouTube video was prejudicial to the jury and could have caused them to view Miller negatively. The majority reversed his conviction.

Chief Judge John Baker dissented, finding the error of using the video wasn't reversible. Because Miller's defense was mistaken identity, the YouTube video wasn't prejudicial to Miller.

"I cannot conclude that the video was so inflammatory that it would have altered the way in which the jury viewed Miller and the case as a whole, and given that the video was irrelevant to Miller's defense, I can only conclude that the trial court's decision to permit the State to show the video to the jury was harmless error," he wrote.

Based on Miller's other arguments for reversal, the chief judge found Miller wasn't entitled to relief on those grounds and would affirm the conviction.

Judge Barnes concurred with Judge May in a separate opinion, addressing Chief Judge Baker's stance, but he believed the video was "the proverbial evidentiary harpoon that skewed the ability of the jury to fairly and impartially decide the case."

"I am always reluctant to reverse jury verdicts, but I am never reluctant to attempt, as I view it, to ensure fairness. I do not think Miller got a fair shake here, and I vote with Judge May to reverse," he wrote.

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  1. Please I need help with my class action lawsuits, im currently in pro-se and im having hard time findiNG A LAWYER TO ASSIST ME

  2. Access to the court (judiciary branch of government) is the REAL problem, NOT necessarily lack of access to an attorney. Unfortunately, I've lived in a legal and financial hell for the past six years due to a divorce (where I was, supposedly, represented by an attorney) in which I was defrauded of settlement and the other party (and helpers) enriched through the fraud. When I attempted to introduce evidence and testify (pro se) in a foreclosure/eviction, I was silenced (apparently on procedural grounds, as research I've done since indicates). I was thrown out of a residence which was to be sold, by a judge who refused to allow me to speak in (the supposedly "informal") small claims court where the eviction proceeding (by ex-brother-in-law) was held. Six years and I can't even get back on solid or stable ground ... having bank account seized twice, unlawfully ... and now, for the past year, being dragged into court - again, contrary to law and appellate decisions - by former attorney, who is trying to force payment from exempt funds. Friday will mark fifth appearance. Hopefully, I'll be allowed to speak. The situation I find myself in shouldn't even be possible, much less dragging out with no end in sight, for years. I've done nothing wrong, but am watching a lot of wrong being accomplished under court jurisdiction; only because I was married to someone who wanted and was granted a divorce (but was not willing to assume the responsibilities that come with granting the divorce). In fact, the recalcitrant party was enriched by well over $100k, although it was necessarily split with other actors. Pro bono help? It's a nice dream ... but that's all it is, for too many. Meanwhile, injustice marches on.

  3. Both sites mentioned in the article appear to be nonfunctional to date (March 28, 2017). http://indianalegalanswers.org/ returns a message stating the "server is taking too long to respond" and http://www.abafreelegalasnswers.org/ "can't find the server". Although this does not surprise me, it is disheartening to know that access to the judicial branch of government remains out of reach for too many citizens (for procedural rather than meritorious reasons) of Indiana. Any updates regarding this story?

  4. I've been denied I appeal court date took a year my court date was Nov 9,2016 and have not received a answer yet

  5. Warsaw indiana dcs lying on our case. We already proved that in our first and most recent court appearance i need people to contact me who have evidence of dcs malpractice please email or facebook nathaniel hollett thank you

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