Weatherspoon v. State

OPINION

VAIDIK, Judge.

Case Summary

Austin C. Weatherspoon appeals his conviction for Class B felony robbery, contending that the jury was improperly instructed. Specifically, Indiana Jury Rule 20(a)(8) provides that jurors, including alternates, are permitted to discuss the evidence among themselves in the jury room during recesses from trial when all are present, as long as they reserve judgment about the outcome of the case until deliberations commence. Under Indiana law, alternates are not allowed 'to deliberate with the jury. Weatherspoon argues that discussions are the equivalent of…