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Nate
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Category: Criminal Law
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Experience:  Over 10 years of criminal defense practice.
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During jury selection the people were asked if they have ever

Resolved Question:

During jury selection the people were asked if they have ever lost a friend/relative to a violent crime. A female who WAS selected to be in the jury of a murder trial admitted during selection that her neighbors who were like family to her had been robbed brutally murdered & then set on fire. How could she have been allowed to take part in the case.
Submitted: 3 years ago.
Category: Criminal Law
Expert:  Nate replied 3 years ago.

Thank you for your question.

 

The defense did not use one of its peremptory strikes to remove her from the jury is how she remained on the jury. The only thing the court cares about is whether the juror can be fair. Mere past experiences alone do not necessarily mean that she cannot be fair now. She stayed on the jury because the defendant's attorney didn't do his job in striking her.

 

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Thanks!

Nathan Moore

Customer: replied 3 years ago.
The defendant is in the middle of an evidentiary hearing & the lawyer the defendant had @ the time of the trial just kept telling the judge he did not recall. The judge got mad & pushed the hearing back & told the lawyer he had to go over all of the past case history so he could answer questions next time. We believe the lawyer was very ineffective during the trial & I believe the new lawyer is trying to prove in the new hearing that the old lawyer did a poor job.
Expert:  Nate replied 3 years ago.

Yes, that is what is happening. That way the defendant can get a new trial.

Customer: replied 3 years ago.
A new trial for this case would be a LOT of time/$$$$ do they ever offer a deal say for less time or less charges rather than work on a trial that is 7 years old?
Expert:  Nate replied 3 years ago.

Sometimes, but very rarely. The state already has a conviction in the bag, and winning a new trial due for the defendant due to ineffective assistance of counsel is difficult. They will most likely take their chances that the judge will uphold the conviction.

Nate, Lawyer
Category: Criminal Law
Satisfied Customers: 10536
Experience: Over 10 years of criminal defense practice.
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