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Tuesday, October 18, 2011

Ind. Decisions - Supreme Court decides two today

In Nathan Brock v. State of Indiana, a 16-page, 5-0 opinion, Justice Sullivan writes:

The defendant‟s first trial ended in a mistrial due to improper prejudicial comments made by defense counsel during closing argument. We hold that, although the defendant did not con-sent to the mistrial, his second trial did not violate the Double Jeopardy Clause of the Fifth Amendment because the trial court did not abuse its discretion in concluding that a mistrial was justified by manifest necessity.
In Jeffery W. Cain v. State of Indiana, a 12-page, 5-0 opinion in a direct appeal, Chief Justice Shepard writes:
Jeffery Cain was convicted of murder and robbery and sentenced to life without the possibility of parole. He appeals both his conviction and his sentence, claiming a co-defendant’s testimony was improperly admitted at the guilt phase of his trial and that the prosecutor made inappropriate arguments during the sentencing phase. We affirm.

Posted by Marcia Oddi on October 18, 2011 11:26 AM
Posted to Ind. Sup.Ct. Decisions