GUILTY IN - Willie Lee Smith Jr., 55, murdered during a meetup for sex, Flora, June, 2021 *2 Arrested*

I'll start here:

Page 8:
The facts most favorable to the verdict were summarized in the opening statement by the Carroll County Prosecutor, Mr. McClelland. (Tr. Vol. 3 p. 50) Counsel stated that there were three co-defendants. They are your appellant, Jennifer Dean, Shiann M. Brooks-Brown, and Tyrone Leftridge. The three were staying in Flora, Indiana. The state contends that all three defendants planned to rob Willie Smith. The state maintained that the co-defendants discussed “finessing money out of Willie” by luring him to Flora under the guise that Willie would pay Shiann for sex. Leftridge and Shiann Brooks-Brown left the residence and took a small baseball bat and handkerchief. Dean stayed at the home. Willie Smith drove to a location hear Dean’s residence. Leftridge claims that Brown then hit Smith with the bat. Brown claimed that Leftridge hit Smith. Smith died of injuries from being struck with the bat. Dean later admitted Dean, Brief of Appellant 9 to receiving $20.00 that had belonged to Smith. This is but a brief summary of the state’s theory of prosecution.

Here is a little background info on Shiann; I believe there are 2 different kinds of immunity:

On April 22, 2021, the State called co-defendant Shiann Brooks-Brown to testify. She also received a use immunity agreement. (State’s Exhibit 30)(Tr. Vol. 4 p. 99) Shiann appeared with her lawyer, Mr. Fouts. The immunity agreement was admitted into evidence. Brown testified that she made it to the 11th grade, but that she had a learning disability, that she was “slow” and performed at a fourth grade level. (Tr. Vol. 4 p. 101) Brown said she knew Dean since she was about three (3) years old and that Brown’s dad had been in a relationship with Dean. (Tr. Vol. 4 p. 103)
 
Pg 5
ISSUES PRESENTED FOR REVIEW
1. The trial court committed fundamental error when it explicitly endorsed a prospective juror’s comment during jury selection that to be eighty (80) percent convinced is an appropriate application of proof beyond a reasonable doubt.
2. That the evidence was insufficient for a conviction on felony murder. First, because it was insufficient to prove the defendant’s knowledge or agreement to a robbery, as defined in 35-42-5-1. Second, that the evidence was not sufficient to show foreseeability of the killing, as discussed in Layman v. State, 42 N.E3d 972 (Ind.2015).
3. The defendant’s sentence of sixty (60) years was inappropriate under Indiana Rule of Appellate Procedure 7(B), and was inconsistent with the sentence received by the codefendant (Leftridge), who was sentenced to forty-five (45) years executed.
 
There is quite a bit of discussion regarding reasonable doubt following this part:
Pg 24
ARGUMENT 1. The trial court committed fundamental error by endorsing a juror’s comment that eighty percent (80%) sure was an appropriate description of the reasonable doubt standard.

During jury selection the following interchange occurred with defense lawyer Patrick Manahan and juror Martin:
Prospective Juror Martin: Can you repeat it one more time?
Mr. Manahan: Sure, Reasonable doubt, proof beyond a reasonable doubt, how powerful is that proof? How powerful does it need to be to reach that level?
Prospective Juror Martin: Well, I – in my opinion, I’d say if on a scale from like 1 to 20, it’d have to be 16. Mr. Manahan: Okay. How’d you get to that?
The Court: It’s perfect, 80 percent. I mean, he nailed it.” (Tr. Vol. 2 p. 95 and Appellant’s Appendix at 35)
There was no objection or motion to strike or admonition. Your appellant submits that the trial court’s comment was fundamental error.
...
How is the statement from the trial court fundamental error?
Your appellant suggests that the offending comment, “It’s perfect, 80% percent. I mean he nailed it,” was in the nature of a court instruction. The language used intensified the trial court’s approval of the juror statement. The statement was made in open court, on the record, in the presence of the entire jury panel, and early in the jury selection process. Two portions of the statement show strong approval. First, the court endorses the juror comment as “perfect”. Then the courts comments, “I mean he nailed it.” But there is another thing compelling about the judge’s statement. It does what no other ‘reasonable doubt’ instruction does. It quantified the term for the juror in a way that is Dean, Brief of Appellant 26 unforgettable. Eighty percent. Perfect. Eighty percent. Perfect. Even though it is a misstatement of the law, the clear plain term, eighty percent (80%) is inescapable.
 
New dates for Brown:
04/14/2023Order Issued
Due to court congestion, jury trial continued to August 14, 2023, at 9:00 a.m. as a first setting. Final Pre-Trial Conference is set for June 12, 2023, at 2:00 p.m., per form.
Judicial Officer:
Diener, Benjamin A.
Noticed: McLeland, Nicholas Charles
Noticed: Fouts, Kurtis G.
Order Signed: 04/10/2023
06/12/2023Final PreTrial Hearing/Conference
Session: 06/12/2023 2:00 PM, Judicial Officer: Diener, Benjamin A.
08/14/2023Jury Trial
Session: 08/14/2023 9:00 AM, Judicial Officer: Diener, Benjamin A.
Session: 08/15/2023 9:00 AM, Judicial Officer: Diener, Benjamin A.
Session: 08/16/2023 9:00 AM, Judicial Officer: Diener, Benjamin A.
Session: 08/17/2023 9:00 AM, Judicial Officer: Diener, Benjamin A.
Session: 08/18/2023 9:00 AM, Judicial Officer: Diener, Benjamin A.
 
An update for Brooks' upcoming trial. I don't know who Schutz is; it may be someone who can affirm Brooks' testimony that she was "slow" and performed at a 4th grade level.

07/13/2023Motion In Limine Filed
Motion in Limine for Shian Brooks Brown.pdf
Filed By: State of Indiana
07/20/2023Motion In Limine Filed
MOTION IN LIMINE
Filed By: Brooks-Brown, Shianne
07/20/2023Witness and/or Exhibit List Filed
DEFENDANTS AMENDED WITNESS AND EXHIBIT LIST
Filed By: Brooks-Brown, Shianne
07/24/2023Final PreTrial Hearing/Conference
Session: 07/24/2023 2:00 PM, Judicial Officer: Diener, Benjamin A.
Comment: Motion in Limine
07/24/2023Objection Filed
OPPOSITION TO STATES MOTION IN LIMINE
Filed By: Brooks-Brown, Shianne
07/24/2023Report Filed
REPORT OF SCHUTZ
Filed By: Brooks-Brown, Shianne
07/31/2023Hearing on Motion in Limine
Session: 07/31/2023 3:00 PM, Judicial Officer: Diener, Benjamin A.
12/11/2023Jury Trial
Session: 12/11/2023 9:00 AM, Judicial Officer: Diener, Benjamin A.
Session: 12/12/2023 9:00 AM, Judicial Officer: Diener, Benjamin A.
Session: 12/13/2023 9:00 AM, Judicial Officer: Diener, Benjamin A.
Session: 12/14/2023 9:00 AM, Judicial Officer: Diener, Benjamin A.
Session: 12/15/2023 9:00 AM, Judicial Officer: Diener, Benjamin A.
Session: 12/18/2023 9:00 AM, Judicial Officer: Diener, Benjamin A.
Session: 12/19/2023 9:00 AM, Judicial Officer: Diener, Benjamin A.
Session: 12/20/2023 9:00 AM, Judicial Officer: Diener, Benjamin A.
Session: 12/21/2023 9:00 AM, Judicial Officer: Diener, Benjamin A.
Session: 12/22/2023 9:00 AM, Judicial Officer: Diener, Benjamin A.
 
08/10/2023Order Issued
Order taking ruling regarding Motions in Limine under advisement entered, per form.
Judicial Officer: Diener, Benjamin A.
Order Signed: 07/31/2023
12/11/2023Jury Trial
Session: 12/11/2023 9:00 AM, Judicial Officer: Diener, Benjamin A.
*** Through ***
Session: 12/15/2023 9:00 AM, Judicial Officer: Diener, Benjamin A.

Session: 12/18/2023 9:00 AM, Judicial Officer: Diener, Benjamin A.
*** Through ***
Session: 12/22/2023 9:00 AM, Judicial Officer: Diener, Benjamin A.
 
Jennifer Dean's appeal has been scheduled for an oral argument. This was the status on 7/18.
07/18/2023Case Fully Briefed
Oral Argument Requested: No

FB Date:
07/18/2023
The argument will be recorded and posted on the Court's website at www.IN.gov/judiciary within a week of the date of the oral argument.

The Court has determined that this matter should be set for Oral Argument. [2] Having reviewed the matter, the Court finds and orders as follows: 1. The Oral Argument is scheduled for the following date, time, and place: Tuesday, October 10, 2023 10:30 a.m. EST Mishawaka High School 1202 Lincolnway E. Mishawaka, IN 46544
 
New filings for Brooks-Brown

08/16/2023Document Filed
Memo in Support of Motion in Limine for Brooks-Brown.pdf
Filed By: State of Indiana
08/24/2023Document Filed
BRIEF IN REPLY
Filed By: Brooks-Brown, Shianne
09/18/2023Motion to Withdraw Appearance Filed
MOTION TO WITHDRAW
Filed By: Brooks-Brown, Shianne
09/18/2023Order Granting Motion to Withdraw Appearance
Appearance of Kurtis G. Fouts withdrawn from record. Court appoints Atty Lori S. James as counsel for the Defendant, per form.
Judicial Officer: Diener, Benjamin A.
Noticed: Brooks-Brown, Shianne
Noticed: McLeland, Nicholas Charles
Noticed: Fouts, Kurtis G.
Noticed: James, Lori S
12/11/2023Jury Trial
Session: 12/11/2023 9:00 AM, Judicial Officer: Diener, Benjamin A.
(Ending)
Session: 12/22/2023 9:00 AM, Judicial Officer: Diener, Benjamin A.
 
Dean's oral appeal is going to be heard on Tuesday, Oct 10 @ 10:30. Her event shows up on the calendar but apparently will be live streamed. If you click on her event button, there's an "I'm interested" button that takes you Access Indiana, where you have to sign in or create and account, which takes you to... I stopped there.
It would be an interesting case to hear.

Here's a bit of an update
10/02/2023Documents returned from Court Administration
Volumes of Exhibits - Two (2)
10/02/2023Documents Released to Attorney/Party
Volumes of Exhibits - Two (2)
Party/Atty: Karle, Brian Andrew
10/03/2023Documents Returned from Attorney/Party
Volumes of Exhibits Two (2)
Party/Atty: Karle, Brian Andrew
10/04/2023Documents Released to Attorney/Party
Volumes of Exhibits Two (2) Exhibit Volume and Supplemental Exhibit Volume
Party/Atty: Yoke, Robert Martin
10/04/2023Notice of Additional Authority
Certificate of Service- Electronically Served 10/04/23
Attorney: Karle, Brian Andrew
Party: Dean, Jennifer L.
File Stamp: 10/04/2023
10/06/2023Documents Returned from Attorney/Party
Volumes of Exhibits 2
Party/Atty: Yoke, Robert Martin
10/10/2023Traveling Oral Argument
Session: 10/10/2023 10:30 AM
Comment: Mishawaka HS, EFT/MSM/CJB
 
Dean's Oral Appeal

Case Summary​

Jennifer Dean was convicted of felony murder after an alleged robbery plan resulted in one of her accomplices killing the victim. Dean appeals and argues that 1) the trial court committed fundamental error during voir dire by endorsing eighty-percent certainty as a description of the reasonable doubt standard; 2) the State presented insufficient evidence to support Dean’s conviction for felony murder; and 3) Dean’s sentence is inappropriate.

 
Dean's oral argument is in. 26 pages worth but it's a pretty interesting read. It's classified as being in the "waiting room." I have no idea of what happens while it's there.
Here's the bottom line:

Conclusion
[51] The trial court’s remark endorsing eighty-percent certainty as a description of the reasonable doubt standard was improper but does not rise to the level of fundamental error. Additionally, sufficient evidence supports Dean’s conviction, and her sentence is not inappropriate. Accordingly, we affirm.
[52] Affirmed.May, J., and Bradford, J., concur.

Read it here
22A-CR-02104
 
Update for Brooks-Brown
09/29/2023Appearance Filed
APPEARANCE
For Party: Brooks-Brown, Shianne
File Stamp: 09/29/2023
10/03/2023Motion Filed
MOTION FOR REQUEST OF DISCOVERY
Filed By: Brooks-Brown, Shianne
File Stamp: 10/03/2023
10/13/2023Order Issued
Order Denying Motion for Discovery and Request for 404 and 405 Evidence Entered, per form.
Judicial Officer: Diener, Benjamin A.
Noticed: McLeland, Nicholas Charles
Noticed: James, Lori S
Order Signed: 10/13/2023
11/02/2023Order Set for Hearing
The Court, sua sponte, schedules Final Pre-Trial Conference for December 1, 2023, at 10:30 a.m. at which time the Defendant is ORDERED and DIRECTED to appear. Failure to appear may result in the issuance of a bench warrant, per form.
Judicial Officer: Diener, Benjamin A.
Noticed: McLeland, Nicholas Charles
Noticed: James, Lori S
Order Signed: 11/02/2023
11/02/2023Hearing Scheduling Activity
Final PreTrial Hearing/Conference scheduled for 12/01/2023 at 10:30 AM.
11/03/2023Automated ENotice Issued to Parties
Order Set for Hearing ---- 11/2/2023 : Nicholas Charles McLeland;Lori S James
12/01/2023Final PreTrial Hearing/Conference
Session: 12/01/2023 10:30 AM, Judicial Officer: Diener, Benjamin A.
12/11/2023Jury Trial
 
Update
11/03/2023Motion Filed
Motion to Attend Services
Filed By: Brooks-Brown, Shianne
11/03/2023Order Issued
Judicial Officer: Diener, Benjamin A.
Noticed: McLeland, Nicholas Charles
Noticed: James, Lori S
11/06/2023Order Issued
Court Order Regarding Motions in Limine entered, per form.
Judicial Officer: Diener, Benjamin A.
Noticed: McLeland, Nicholas Charles
Noticed: James, Lori S
11/22/2023Motion to Discharge Filed
Notice of Objection and Motion for Discharge
Filed By:
Brooks-Brown, Shianne
11/22/2023Memorandum/Brief Filed
Memorandum in Support
Filed By: Brooks-Brown, Shianne
11/27/2023Motion for Continuance Filed
MOTION TO CONTINUE
Filed By: Brooks-Brown, Shianne
File Stamp:
11/22/2023
11/27/2023Order Granting Motion for Continuance
Jury Trial scheduled for December 11, 2023, at 9:00 a.m. is vacated and shall be reset at December 1, 2023 pretrial conference, per form.
Judicial Officer: Diener, Benjamin A.
Noticed: McLeland, Nicholas Charles
Noticed: James, Lori S
 
Interesting development:
11/30/2023Motion Filed
Motion for Inter. Appeal.pdf
Filed By: State of Indiana

File Stamp: 11/30/2023
12/01/2023Final PreTrial Hearing/Conference
Session: 12/01/2023 10:30 AM, Judicial Officer: Diener, Benjamin A.
12/11/2023CANCELED Jury Trial
Reason: Hearing Date to Be Determined
 
Brooks-Brown has new dates

12/01/2023Final PreTrial Hearing/Conference
Session: 12/01/2023 10:30 AM, Judicial Officer: Diener, Benjamin A.
Result: Commenced and concluded
12/01/2023Order Issued
Judicial Officer: Diener, Benjamin A.
Noticed: McLeland, Nicholas Charles
Noticed: James, Lori S
12/01/2023Order Issued
Order scheduling Trial by Jury as first setting on April 8, 2024 at 9:00AM, and setting Final Pretrial Conference for February 22, 2024 at 2:00PM, per form.
Judicial Officer: Diener, Benjamin A.
Noticed: McLeland, Nicholas Charles
Noticed: James, Lori S
12/07/2023Objection Filed
Brooks-Brown Obj. to Discharge.pdf
Filed By: State of Indiana
 
Brooks-Brown has a new jury trial date.
I don't know what is happening with the motion for an interlocutory appeal.

04/08/2024Jury Trial
Session: 04/08/2024 9:00 AM, Judicial Officer: Diener, Benjamin A.
Session: 04/09/2024 9:00 AM, Judicial Officer: Diener, Benjamin A.
Session: 04/10/2024 9:00 AM, Judicial Officer: Diener, Benjamin A.
Session: 04/11/2024 9:00 AM, Judicial Officer: Diener, Benjamin A.
Session: 04/12/2024 9:00 AM, Judicial Officer: Diener, Benjamin A.
Session: 04/15/2024 9:00 AM, Rescheduled
Session: 04/16/2024 9:00 AM, Rescheduled
Session: 04/17/2024 9:00 AM, Rescheduled
Session: 04/18/2024 9:00 AM, Rescheduled
Session: 04/19/2024 9:00 AM, Rescheduled
Comment: First Setting
 
A new filing by TL; I wonder what's on his mind?
12/11/2023Correspondence to/from Court Filed
Filed By: Leftridge, Tyrone
File Stamp: 12/07/2023

Brooks-Brown has a couple of new ones, too:
12/18/2023Response Filed
Response to State's Motion for Interlocutory Appeal
Filed By: Brooks-Brown, Shianne
File Stamp: 12/15/2023
12/18/2023Response Filed
State's Response to Defendant's Response .pdf
Filed By: State of Indiana
File Stamp: 12/18/2023
 
Dean's appeal has an update = a petition to transfer.
It has come down to this: the problem is in red.
[snips] 26 pgs
QUESTION PRESENTED ON TRANSFER
At Jennifer Dean’s jury trial for murder, the presiding judge told the entire jury panel that 80% confidence was the “perfect” definition of “beyond a reasonable doubt.” In a published opinion, the Court of Appeals affirmed.
Dean presents one issue for transfer:
I. Whether it is fundamental error for the presiding judge to give the jury an erroneous, diluted definition of the reasonable doubt standard.

[Defense Counsel]: Reasonable doubt, proof beyond a reasonable doubt, how powerful is that proof? How powerful does it need to be to reach that level?
[Prospective Juror]: Well, I – in my opinion, I’d say if on the scale from like 1 to 20, it’d have to be 16.
[Defense Counsel]: Okay. How’d you get to that?
[Judge]: It’s perfect, 80 percent. I mean, he nailed it.

After the judge’s statement, no objection was made on the record and voir dire continued. The trial court did not give any corrective instruction to the jury, nor did the trial court instruct the jury to disregard the trial court’s erroneous definition of the beyond a reasonable doubt standard.

In a published opinion, the Court of Appeals affirmed. See Dean v. State,22A-CR-2104 (Ind. Ct. App. Oct. 30, 2023). The Court of Appeals acknowledged that “the trial court misinformed the jury on one of the most critical protections our Constitution provides for the criminally accused” and “caution[ed] our trial courts to avoid attempting to quantify the reasonable doubt standard—period.”Id., slip op. at 15 ¶30. But then the Court of Appeals affirmed.

CONCLUSION
Dean respectfully requests that this Court grant transfer, set oral argument, reverse her conviction, and remand for a new trial.

12/15/2023
Petition to Transfer
Certificate of Service- Electronically Served 12/14/23
Attorney: Karle, Brian Andrew
Party: Dean, Jennifer L.
File Stamp: 12/14/2023
 
The briefs are in and Dean now waits to see if the Supreme Court will hear her case.
You can read them at the link Case # 22A-CR-02104
Indiana Courts Case Search - MyCase
01/03/2024
Brief - Response to Transfer
Certificate of Service- Electronically Served 01/02/24
Attorney: Yoke, Robert Martin
Party: State of Indiana
File Stamp: 01/02/2024
01/16/2024
Brief - Reply in Support of Transfer
Certificate of Service- Electronically Served 01/12/24
Attorney: Karle, Brian Andrew
Party: Dean, Jennifer L.
File Stamp: 01/12/2024
01/17/2024Transmitted on Transfer (Supreme Court)
 
This is the update for the ongoing Brooks-Brown trial.
Now that the IA has been approved, we should see what that's all about.
03/04/2024Motion Filed
2nd Motion to Certify Record for Interlocutory Appeal.pdf
Filed By: State of Indiana
03/06/2024Order Issued
Order from February 22, 2024 hearing entered, per form.
Judicial Officer:
Hawkins, Troy M.
Noticed: McLeland, Nicholas Charles
Noticed: James, Lori S
03/07/2024Order Issued
Court grants State's 2nd Motion for Interlocutory Appeal. Further, all proceedings are stayed until the Court of Appeals makes a ruling on the appeal or until further Order of the Court. Defendant will continue to be held on the bond previously set by the Court until further notice, per form.
Judicial Officer: Diener, Benjamin A.
Noticed: McLeland, Nicholas Charles
Noticed: James, Lori S
04/08/2024Jury Trial
Session: 04/08/2024 9:00 AM, Judicial Officer: Diener, Benjamin A.
Through (Edited by me for space)
Session: 04/19/2024 9:00 AM, Judicial Officer: Diener, Benjamin A.
 

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