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Supreme Court: Judge handled juror anxiety correctly

DAVID COLE/[email protected] | Hagadone News Network | UPDATED 11 years, 5 months AGO
by DAVID COLE/[email protected]
| June 20, 2014 9:00 PM

COEUR d'ALENE - The Idaho Supreme Court ruled a 1st District Court judge responded appropriately when a juror reported experiencing anxiety in the heat of a trial.

The ruling Thursday upheld the conviction of 32-year-old Joshua M. Moses, of Spokane, on the charge of grand theft by extortion.

Moses appealed the conviction in his Kootenai County case, believing the District Court erred when it denied his mid-trial request to question the juror after that juror informed the court he was suffering from anxiety and was unsure if he could continue participating on the jury.

The state Court of Appeals vacated Moses' conviction in a 2-1 decision, holding that the District Court erred when it didn't permit questioning of the juror. The state petitioned the Supreme Court to review, and the state's high court accepted.

On the second day of Moses' trial, the District Court judge received a note from the bailiff saying a juror was "having anxiety issues" and was "not sure" he could "continue."

The judge told the parties in the case the juror reported having "some difficulty with the back and forth and the contentious nature of the proceeding."

Moses' defense expressed concern that the juror would not be listening to all of the testimony.

The prosecutor argued the juror never said he couldn't be fair and impartial, and singling him out for questioning could potentially make the problem worse.

"It should first be noted that Moses' counsel did not request that she be allowed to inquire of the juror," Justice Jim Jones wrote in the opinion for the Supreme Court. "Further, the District Court did not prevent counsel from asking for or making any inquiry."

Jones pointed out that while the juror initially stated that he was not sure if he could continue, the juror never asked to be released from duty or said that he couldn't continue.

"Defense counsel's concern was whether the juror was able to take in all of the evidence," Jones wrote. "There is nothing that suggests that the juror had not, could not, or would not listen to the testimony."

Moses was arrested in July 2010 in Post Falls and charged at that time with both theft by extortion and the kidnapping of another man, Joshua M. Branam, 38, of Post Falls. The kidnapping charge was later dropped.

Witnesses testified that Moses got $2,500 in cash from Branam's brother-in-law at a Walmart parking lot in Post Falls on July 24, 2010. Moses' defense lawyers said Moses was a pawn who was just picking up money for Branam, who the lawyers alleged had cooked up the scheme himself.

Branam's brother-in-law testified he received phone calls on the morning of July 24 from Moses, and from Branam. Branam said he owed somebody money, and his life was in danger if it wasn't paid.

Branam didn't testify during Moses' trial, invoking his Fifth Amendment right against self-incrimination.

Also in the ruling, the Supreme Court decided that Moses' claims of evidentiary errors and prosecutorial misconduct didn't provide grounds for a new trial. The Supreme Court's ruling was unanimous.

Moses is currently on probation, according to the Idaho Department of Correction. His sentence will be satisfied in April 2016.

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