How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask J D Haas Your Own Question

J D Haas
J D Haas, Lawyer
Category: Criminal Law
Satisfied Customers: 2998
Experience:  23 years as a trial lawyer with experience in criminal law.
Type Your Criminal Law Question Here...
J D Haas is online now
A new question is answered every 9 seconds

would you have grounds for a direct appeal if during a ...

Resolved Question:

would you have grounds for a direct appeal if during a trial a few of the jury were caught sleeping by the prosecution, baliffs, and memebers of the defendants family. The prosecution made this aware to the judge and he did not address it and that same jurer was allowed to go into deliberation instead of being replaced by an alternate. If the answer is yes what would be the grounds and how long would we have to file and shouldit be for an aquitle
Submitted: 6 years ago.
Category: Criminal Law
Expert:  J D Haas replied 6 years ago.
I am sorry, but in most cases the shocking behavior that you have described is unfortunately not going to be successful grounds for appeal. Appellate courts often say in cases like that the juror's actions were inappropriate, but that sufficient grounds existed for the conviction and that the conviction would be upheld. There are many cases in different jurisdiction that discuss juror misconduct in similar ways.

In conclusion, the juror misconduct would be a basis for an appeal, but there are many cases of juror misconduct in the past and in nearly all of those cases the jury's verdict has been upheld.

I hope that I have helped you and that I have answered all of your questions. Please
ask more questions if I have not answered all of your questions.

Please be aware that my answer is not legal advice, it is merely information.
You and I have not entered into an attorney/client relationship, and I am not
responsible for your legal rights. The only way for us to be in an
attorney/client relationship is if you have signed a written retainer agreement
with my law firm.
J D Haas, Lawyer
Category: Criminal Law
Satisfied Customers: 2998
Experience: 23 years as a trial lawyer with experience in criminal law.
J D Haas and 5 other Criminal Law Specialists are ready to help you
Customer: replied 6 years ago.
i have one more question. my husband was found guilty of manslaughter w/ a fire arm but found not guilty of robbery. The charge was originally 1st dgre murder and robbery by principle but if he was found not guilty of the robbery which would have linked himt o the murder then how can he be guilty of manslaughter. Also what are the elments of manslaughter w/ a fire arm
Expert:  J D Haas replied 6 years ago.
The charge of manslaughter is a lesser charge of murder and is incorporated into the more severe charge. For example, the jury could have found your husband guilty of 1st degree murder (premeditation), second degree murder (heat of passion), or manslaughter (mitigating factors of intent less than second degree murder (imperfect self defense, provocation, etc.). Therefore, even though he was not guilty of robbery, he was found guilty of a lesser degree crime of murder--that is manslaughter.

I hope that I have helped you and that I have answered all of your questions. Please
ask more questions if I have not answered all of your questions.

Please be aware that my answer is not legal advice, it is merely information.
You and I have not entered into an attorney/client relationship, and I am not
responsible for your legal rights. The only way for us to be in an
attorney/client relationship is if you have signed a written retainer agreement
with my law firm.
Customer: replied 6 years ago.
what are th elements of manslaughter? if it is a lesser charge of murder then how can he be guilty if he's not guilty to the robbery? their saying the man was shot during the robbery they know he was not at the scene several winesses testified to that. can we appeal and what kind of sentence does this carry?
Customer: replied 6 years ago.
part of the jury instructions were if they found him not gulity of robbery then they have to find him not guilty to muder so how can this stand
Expert:  J D Haas replied 6 years ago.
In what state?
Customer: replied 6 years ago.
florida
Expert:  J D Haas replied 6 years ago.
Here is the definition of manslaughter in Florida:

782.07 Manslaughter; aggravated manslaughter of an elderly person or disabled adult; aggravated manslaughter of a child; aggravated manslaughter of an officer, a firefighter, an emergency medical technician, or a paramedic.--

(1) The killing of a human being by the act, procurement, or culpable negligence of another, without lawful justification according to the provisions of chapter 776 and in cases in which such killing shall not be excusable homicide or murder, according to the provisions of this chapter, is manslaughter, a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(2) A person who causes the death of any elderly person or disabled adult by culpable negligence under s. 825.102(3) commits aggravated manslaughter of an elderly person or disabled adult, a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(3) A person who causes the death of any person under the age of 18 by culpable negligence under s. 827.03(3) commits aggravated manslaughter of a child, a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(4) A person who causes the death, through culpable negligence, of an officer as defined in s. 943.10(14), a firefighter as defined in s. 112.191, an emergency medical technician as defined in s. 401.23, or a paramedic as defined in s. 401.23, while the officer, firefighter, emergency medical technician, or paramedic is performing duties that are within the course of his or her employment, commits aggravated manslaughter of an officer, a firefighter, an emergency medical technician, or a paramedic, a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

History.--RS 2384; GS 3209; RGS 5039; CGL 7141; s. 715, ch. 71-136; s. 180, ch. 73-333; s. 15, ch. 74-383; s. 6, ch. 75-298; s. 12, ch. 96-322; s. 2, ch. 2002-74.

In other words, a person who does not have the intent for first or second degree murder would be guilty of manslaughter under certain fact situations.

This person could be found not guilty of felony murder but the jury found that this person was guilty of manslaughter. That is consistent.

This person may be able to appeal if this constitutes a perverse verdict. Yes, you can appeal. You have alleged many facts and problems and they, taken as a whole, could be a sufficient basis for an appeal. Good luck.

I hope that I have helped you and that I have answered all of your questions. Please
ask more questions if I have not answered all of your questions.

Please be aware that my answer is not legal advice, it is merely information.
You and I have not entered into an attorney/client relationship, and I am not
responsible for your legal rights. The only way for us to be in an
attorney/client relationship is if you have signed a written retainer agreement
with my law firm.

 

 

 

 

Customer: replied 6 years ago.
how much would an appeal like this cost? and what knid of sentence does this carry. this is my last question
Expert:  J D Haas replied 6 years ago.
The appeal would cost $5000-10,000+.

Sentence can be up to 10-30 years in prison.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
< Last | Next >
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RE/retiredlawyer/2012-6-6_19326_franL.64x64.jpg Fran L.'s Avatar

    Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2079
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/NA/nathanmoorelaw/2011-5-31_21375_headshotbig.64x64.jpg Nate's Avatar

    Nate

    Lawyer

    Satisfied Customers:

    1625
    Over 10 years of criminal defense practice.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Lawyer

    Satisfied Customers:

    1434
    30 years legal experience
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    1418
    16 yrs. of experience including criminal law.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    1380
    Licensed attorney with 27 yrs. exp. in criminal law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Lawyer

    Satisfied Customers:

    1300
    Experienced in multiple areas of the law.