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Court of Appeals of Indiana Hearing oral argument at Hammond Academy of Science & Technology Tuesday, March 19 @ 1:00 p.m. CST Kevin D. Jones v. State of Indiana 18A-CR-01320 On appeal from the Marion Superior Court SYNOPSIS Kevin Jones was to be tried by a jury on charges of aggravated battery, kidnapping, misdemeanor battery resulting in bodily injury, and domestic battery stemming from an altercation with his girlfriend. After a jury was selected and sworn but before the trial began, the court took a lunch break. As one juror was returning from lunch, he was approached by a person who identified himself as a member of Jones’ family and mentioned something about self- defense. The juror promptly told the bailiff, who in turn informed the court and counsel about the communication. The juror also told the other jurors that he was probably going to be removed as a juror because “someone” had said something to him, but did not tell them what was said other than to assume them it was nothing “bad.” The trial court and both counsel questioned the juror about the incident and the trial court ultimately dismissed him. The trial court also questioned each remaining juror individually about what they had heard from the dismissed juror and what impact it had on their ability to serve on the jury. Both the State and the defense indicated they believed a mistrial would be appropriate, but the trial court declined to declare a mistrial. At the conclusion of the trial, the jury found Jones guilty of aggravated battery, battery, and domestic battery, but not guilty of kidnapping. Jones now appeals his conviction, claiming the trial court committed reversible error when it did not grant a mistrial. Vaidik continued from p. 3 probate, municipal law, and general litigation. She represented Caring Place, Inc., a shelter for battered women in Valparaiso. From 1992 to 2000, she served as the judge of the Porter Superior Court. During her tenure on the trial court, Judge Vaidik was awarded a wide range of honors including the 1996 Indiana Domestic Violence Coalition Judge of the Year and the 1997 Indiana Judges Association Special Merit Award. Judge Vaidik was appointed to the Court of Appeals in February 2000 by Governor Frank O’Bannon and was retained by election in 2002 and 2012. Because Judge Vaidik sees the Court of Appeals at the intersection of theoretical and practical law, she believes the Court should embody the highest degree of fairness and impartiality. This view informs her passion for teaching, as she feels that Hoosiers, and all litigants, deserve the finest possible legal advocates on their behalf. Judge Vaidik also believes that legal writing must be distinguished by logical construction and clear, explanatory prose. She is an adjunct professor at the Indiana University Maurer School of Law and won its 2011 Adjunct Professor of the Year Award. She has served as a visiting professor at the College of Law of England and Wales and taught as an adjunct professor at Valparaiso University Law School. She has taught at many law schools and for a number of organizations including the Indiana State Bar Association, the Indiana Legal Education Forum, and the Indiana Judicial Center. Judge Vaidik has trained lawyers involved in prosecuting Rwandan war crimes, Mexican lawyers prosecuting drug lords, and solicitor advocates seeking the rights of audience in the High Courts in Belfast, Northern Ireland. She is particularly proud of her long association with the National Institute of Trial Advocacy, which honored her with its 2007 Robert Keeton Faculty Award. She is the co-author of the book, Point Well Made: Oral Advocacy in Motions Practice. Despite her Court of Appeals caseload and her teaching, Judge Vaidik is also actively involved in a wide variety of community, legal, and judicial organizations. She served on the State of Indiana Children’s Peak Performance Commission and has held many posts with the Indiana Judges Association and Indiana Judicial Center. She has been chairperson of the Judicial Education and Community Relations Committees of the Indiana Judicial Center and is a member of the American Bar Association, Indiana State Bar Association, and Sagamore Inns of Court. She has received many other awards and honors including the 2004 Indiana State Bar Association’s Women in Law Achievement Award, the 2007 Indiana Lawyer Distinguished Barrister Award, the 2003 Paragon of Justice Award from Valparaiso University Law School, and the Sagamore of the Wabash Award from two Indiana governors. Judge Vaidik and her husband are the proud parents of twin daughters, one a medical doctor and one a lawyer, and they have three grandsons and one granddaughter, who can choose either profession. Riley continued from p. 3 2008, she co-founded the Legal Aid Centre of Eldoret, Kenya (LACE), which provides legal access to justice for HIV/AIDS patients in the AMPATH medical center. In 2011, Judge Riley traveled with the Washington, D.C.-based International Judicial Academy to The Hague, Netherlands, to observe the International Criminal Court and two International Criminal Tribunals that are hearing cases from Sierra Leone and the former Yugoslavia. And in 2012 she participated in the 3rd Sino-U.S. Law Conference, which was held in Beijing at the National Judges College of the People’s Republic of China, which oversees all aspects of that country’s judicial training, placement and promotion. In 2013 Judge Riley attended the Justice Academy of Turkey where she presented her paper about Ethic Rules in the U.S. Judge Riley has two sons and two grandsons. She was retained on the Court by election in 1996, 2006, and 2016. Robb continued from p. 3 Litigation. She has been both an officer and Board member of the Indiana State Bar Association, the Fellows of the Indiana State Bar Foundation, Tippecanoe County Bar Association, National Association of Women Judges, the Indiana University School of Law- Indianapolis Alumni Association, the Bankruptcy Section and the Appellate Practice Section of the Indiana State Bar Association, Appellate Judges Conference of the American Bar Association, the Appellate Judges Education Institute, and the Council of Chief Judges of State Courts of Appeal. She is the Appellate Judges Conference Delegate to the American Bar Association's House of Delegates. She has also been a Board member of the Indianapolis Bar Association, the Indianapolis Bar Foundation, and the Senior Council Section of the Indianapolis Bar Association. She was the moderator for the 2005-2006 and Chair for the 2006-2007 Indianapolis Bar Association’s Bar Leader Series. Judge Robb is a member of the American Bar Foundation, American Judicature Society, and is a Master Fellow of the Indiana State Bar Foundation and a Senior Distinguished Fellow of the Indianapolis Bar Foundation. Judge Robb Chaired the 2004 National Association of Women Judges' annual conference, the 2010 ABA's Appellate Judges Council - Appellate Judges Education Institute's national Summit for Judges, lawyers and Staff attorneys, the 2015 annual conference of the Council of Judges of State Courts of Appeal, and co-chaired the Education committee of the 2016 International Association of Women Judges Biennial Conference held in Washington, D.C. She is a frequent speaker on legal topics for attorneys, other judges, and professional, civic and community organizations. In addition, she was a member of the ABA Committee that accredits law schools and continues to assist in the accreditation process by reviewing and evaluating law schools and their programs. Judge Robb is an elected member of the American Law Institute (ALI). Judge Robb was Founding Chair of Governor Bowen’s Commission on the Status of Women; was a recipient of a 1993 Indiana State Bar Association’s “Celebrating 100 Years of Women in the Legal Profession” award; the 2001 Maynard K. Hine distinguished alumni award given in recognition of support and service to IUPUI and Indiana University; the 2004 Bernadette Perham “Indiana Women of Achievement” Award , bestowed by Ball State University to honor of one of their outstanding professors; the 2005 Indiana State Bar Association’s Women in the Law Recognition Award; the 2006 Tippecanoe County YWCA Salute to Women “Women of Distinction” Award; the 2007 Warren G. Harding High School, Warren, Ohio, Distinguished Alumni Award; the 2010 Indiana University Alumni Association President’s Award, a 2010 Indiana Lawyer Distinguished Barrister Award, the 2011 Indianapolis Bar Association Women and the Law Committee’s Antoinette Dakin Leach Award, the 2011 David Hamacher Award from the Appellate Practice Section of the Indiana State Bar Association, a 20112 Indiana Business Business Journal Woman of Influence award, a 2012 Senate/House Concurrent Resolution in her honor, a 2014 Indiana Women's Commission Trailblazer award and one of five women to ever receive the special recognition as a "Trailblazer," and a 2014 Indiana University Robert H. McKinney School of Law Distinguished Alumni award. Judge Robb authored “Reflections of Baseball, Life and the Law” in the Indiana State Bar Association’s journal, Res Gestae and “Running Bases, Winning Cases: Why the Grand Old Game of Baseball is like the legal profession” in the ABA’s journal. She also authored a chapter on Supreme Court Justice Leonard Hackney in, Indiana Supreme Court Justices, and co-authored a chapter, “From Juvenile Courts to Family Courts,” in Essays on Indiana Legal History. She also co-authored, with her judicial law clerks, a law review note, "Do You Want To Know a Secret? Do You Promise Not to Tell? Whoa Oh Oh: Judges, Opinion and Judicial Notice," in the 2016 Indiana Law Review. Judge Robb was retained on the Court of Appeals in 2000 and 2010, is married to a professor at Purdue University. Their son, a graduate of the United States Naval Academy, is a Lieutenant Commander on active duty in the United States Navy.
