Mitchell v. State

535 N.E.2d 498, 1989 Ind. LEXIS 60, 1989 WL 20501
CourtIndiana Supreme Court
DecidedMarch 10, 1989
Docket89S00-8607-CR-632
StatusPublished
Cited by14 cases

This text of 535 N.E.2d 498 (Mitchell v. State) is published on Counsel Stack Legal Research, covering Indiana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mitchell v. State, 535 N.E.2d 498, 1989 Ind. LEXIS 60, 1989 WL 20501 (Ind. 1989).

Opinions

[500]*500SHEPARD, Chief Justice.

James Daniel Mitchell appeals his convietion after a jury trial for the murder of James Thomas. Ind.Code § 85-42-1-1(1) (Burns 1985 Repl). The trial court sentenced him to 40 years in prison. We affirm,

Mitchell raises seven issues in this direct appeal:

I. Whether the trial court abused its discretion by requiring continued deliberations after the jury twice informed the court it was "deadlocked";
II. Whether delivering exhibits to the jury after twice declining to do so was error;
III. Whether it was error to withhold from this delivery four exhibits not admissible for the truth of their contents;
IV, Whether giving limiting instructions concerning these same four exhibits sua sponte was error;
V. Whether the trial court improperly limited the cross-examination of State's witness Ronald DeLucio;
VI. Whether a police detective can be permitted to relate his conclusions about the probative value of evidence; and,
VIL. Sufficiency of the evidence.

The evidence at trial was that Mitchell contacted Ronald Delucio about a "scam deal." Mitchell, who had known DeLucio for several years, asked Deluecio to travel from his home in Houston, Texas. He did not describe details about the plan, but wired Delucio enough money for a flight to Indianapolis.

When Deliucio arrived at the Indianapolis airport on February 6, 1982, he was met by Mitchell and by James and Bonnie Thomas, targets of the scheme. Mitchell told DelLucio more about the plan in an airport restroom. Delucio was to pose as a jewelry courier who could double the Thomases' financial contribution to the scheme.

Upon arrival at the Thomas residence in Richmond, James Thomas placed a sack of money on a living room table. Thomas said the sack contained $15,000. Mitchell took the money and put it in his briefcase. He then left the group and went to the bathroom. When Mitchell returned, he shot at James and Bonnie Thomas. They died from multiple gunshot wounds. The jury found Mitchell guilty of killing James and acquitted him of killing Bonnie.

I. Jury Deliberations

Mitchell argues that Judge Robert Reinke should have discharged the jury and declared a mistrial after the jury twice informed the court that it was deadlocked. The record is unclear about the period of time the jury deliberated.

During its deliberations, the jury passed several notes to the court. The first note requested exhibits be sent to the jury room. The next note stated:

Janice [the bailiff] our deliberations have come to a standstill. We are at the point of a deadlock, If possible we need instruction from the Court.

The judge informed the jury that he could not respond to that general inquiry, but would consider any specific question or request. Finally, they sent a note saying:

We have reviewed testimony in evidence again. We cannot come to a unanimous decision, [sic] we are deadlocked.

After this last note, the trial court sent exhibits to the jury room.

The Indiana Code commits decisions concerning discharge to the discretion of the trial court; "The jury may be discharged by the court ... after they have been kept together until it satisfactorily appears that there is no probability of their agreeing." Ind.Code § 84-1-21-7 (Burns 1986 Repl.). Judge Reinke exercised proper discretion in declining to discharge the jury.

II. Sending Exhibits to Jury Room

Mitchell argues that the court intimidated or coerced the jury by sending certain exhibits to the jury room after the members indicated twice they were deadlocked. Mitchell further argues the trial court erred by not rereading all final instructions in response to the jury's inquiry.

[501]*501Mitchell's first argument compares the trial court's actions to an "Allen charge." An "Allen charge" is the name given to a supplemental instruction by a trial judge to an apparently deadlocked jury. Allen v. United States, 164 U.S. 492, 17 S.Ct. 154, 41 L.Ed. 528 (1896). Such a charge is reversible error when it unduly intimidates or coerces a jury. See Lewis v. State (1981), Ind., 424 N.E.2d 107.

Decisions about providing exhibits to the jury are within the trial court's discretion. Thomas v. State (1972), 259 Ind. 537, 540, 289 N.E.2d 508, 509 (§ 5.1 of ABA Standards Relating to Trial by Jury "the best rule").

The trial court supplied all the appropriate exhibits, reducing chances for undue emphasis on certain exhibits. Further, the trial court carefully cautioned the jury about its decision to provide exhibits, saying:

I've received your communication Mr. Foreman concerning the status of your deliberations and having considered it it's the opinion of the Court that it might assist you in your deliberations if you were to receive certain of the exhibits which have been admitted as evidence in this case. So what I will do is send certain of these exhibits back with you and ask that you continue your deliberations further in the hope that you might be able to reach a unanimous verdict. ...

In this cireumstance, sending certain exhibits to a jury does not carry the level of coercion of an Allen charge. We find no coercion and conclude that the trial court acted within its discretion.

Mitchell argues that the trial court should have reread all final instructions upon any inquiry from the jury. He cites Crowdus v. State (1982), Ind., 431 N.E.2d 796 (giving supplemental instruction reversible error), and Cornett v. State (1982), Ind., 436 N.E.2d 765 (sending jury instructions containing extraneous markings reversible).

Mitchell cites language in Cornett saying instructions must be reread for "ony type of problem.1 Cornett 486 N.E.2d at 766 (emphasis in original)) The rule then prevailing held sending instructions to the jury room error, although not per se reversible, and required that the trial court reread all final instructions,. Jameison v. State (1978), 268 Ind. 599, 377 N.E.2d 404; Mullins v. Bunch (1981), Ind., 425 N.E.2d 164. Under current law, it is not error to send final instructions to the jury room if they have first been read in open court. Wood v. State (1987), Ind., 512 N.E.2d 1094.

Clearly, our new rule allowing "cleansed" instructions to be sent to the jury room at the trial court's discretion, once the instructions have been read, supersedes the advice of Cornett.

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Mitchell v. State
535 N.E.2d 498 (Indiana Supreme Court, 1989)

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Bluebook (online)
535 N.E.2d 498, 1989 Ind. LEXIS 60, 1989 WL 20501, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mitchell-v-state-ind-1989.