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Tuesday, April 27, 2010

Ind. Decisions - Supreme Court posts one this afternoon

In Gary Dennis Jackson v. State of Indiana, an 8-page, 5-0 opinion, Justice Boehm writes:

The trial court declared a mistrial after interviewing jurors regarding their exposure to a newspaper article reporting a letter written by the defendant to the prosecution. The Court of Appeals reversed the defendant‘s conviction by a newly impaneled jury. The Court of Appeals found insufficient grounds to discharge the earlier jury, and therefore ruled the trial by the new jury violated the double jeopardy clause of the Fifth Amendment. We hold that the trial court‘s determination of the need to discharge the earlier jury is entitled to deference and was not an abuse of discretion on this record. Accordingly, we affirm the conviction.

Posted by Marcia Oddi on April 27, 2010 04:34 PM
Posted to Ind. Sup.Ct. Decisions