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Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 32927
Experience:  Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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Can one file a 440 motion if they have proof that their

Customer Question

Can one file a 440 motion if they have proof that their juror was bias? Under federal and state law, one is guaranteed to have a fair trial with impartial jurors. If one member of the juror was bias could this vacate a conviction?
Submitted: 4 months ago.
Category: Criminal Law
Expert:  Dwayne B. replied 4 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

Customer: replied 4 months ago.
I didn't receive an answer.
Expert:  Dwayne B. replied 4 months ago.

Although I've never seen it done there's no reason you couldn't use a 440 for this. However, it is almost impossible to vacate a conviction based on juror bias unless the juror lied about it during voir dire and then brought up issues outside the record during deliberation.

It is the duty of the counsel for defense and/or the defendant to ask questions or request questions be asked to identify juror bias. The case law doesn't state a defendant is guaranteed to have a juror who is unbiased, just that any bias be set aside for the deliberation.

Expert:  Dwayne B. replied 4 months ago.

The answer was being written and posted at the same time as your post.