Croney v. State

I must respectfully dissent as to Issue IIn Henderson v. State, 690 N.E.2d 706 (Ind.1998), our supreme court clearly resolved the issue of whether a twelve person jury is required when a defendant is charged with a class C felony or higher when it held:

If a defendant is charged with a class C felony or higher, the jury consists of twelve jurors unless the defendant and prosecuting attorney agree to a lesser number.

Id. at 706. In addition, Ind.Code 35-37-1-1(b) provides that if a defendant is charged with “murder, a Class A felony, a Class B felony or a Class C felony, the jury shall consist…