Monday, June 01, 2009
Ind. Decisions - 7th Circuit decides one Indiana case today
In U.S. v. Lewis (ND Ind. Judge Springmann), a 12-page opinion, Judge Evans affirmed the district court. Here is a quote:
The strange manner in which the DVD was admitted into the record precludes Lewis from successfully meeting this burden. There is no evidence in the record that the jury ever heard Lewis’s statement about the prior robbery. No portions of the DVD were played for the jury. And although two officers testified about the interrogation, neither mentioned Lewis’s prior conviction. The unredacted DVD—rife with references to the prior conviction—was nonetheless admitted into evidence, and the jury had access to a DVD player during its deliberation. But there is no way to know (from the record before us) if the jury actually watched the DVD, let alone the parts that include Lewis’s admissions. The jury deliberated for a little less than four hours, which, after accounting for even a minimal amount of time for discussion, suggests that it did not view the whole thing even if it viewed any portion of it at all. Lewis must prove that the admission of the evidence resulted in an “actual miscarriage of justice,” Avila, 557 F.3d at 820 (emphasis added), which is impossible since it’s questionable whether the jury actually watched the DVD.
Posted by Marcia Oddi on June 1, 2009 01:26 PM
Posted to Ind. (7th Cir.) Decisions