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AttyCBradford
AttyCBradford, Lawyer
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A hypothetical: In a misdemoner trial, the jury begins to deliberate

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A hypothetical: In a misdemoner trial, the jury begins to deliberate at noon. At 4PM , the jury tells the judge they are hopelessly deadlocked. The judge orders the jury to continue deliberating. At 4:30 PM the jury comes back with a guilty verdict. The next day the defense attorney receives an impassioned letter from a juror stating the he believed the defendant was innocent,that he succumbed to harassment by the other jurors because they all wanted to go home for the weekend. He states his conscience would not allow him stay silent and that absent the harassment he would never have succumbed to the pressure by other jurors. Are there any guidelines. This case was litigated in California. Can you refer me to any tort sources that deal with type of issue . Does the judge have options etc.? Thank you for your help.
Submitted: 1 year ago.
Category: Legal
Expert:  AttyCBradford replied 1 year ago.

AttyCBradford :

Your defense attorney should be filing a motion for a new trial as well as an appeal

AttyCBradford :

There should have been a poll of the jurors, and your defense attorney needs to bring this evidence to the judge's attention

AttyCBradford :

If I have answered all your questions then please press accept and provide positive feedback, so I receive credit for my work. If not and you have additional questions please ask, and I will respond promptly. Please note: this is a PAID ANSWERING service, once your question has been answered, press accept. This conversation does not constitute an attorney-client relationship and is offered for informational purposes only. Lastly, sometimes it may take a moment to respond as I work with several customers at a time. Thank you and best of luck.

Customer:

thanks for your help. I will give you a good grade. I am an MD Ph.D surgeon and full professor so you know I know nothing about the legal system except to avoid it.. I will pay extra if you can tell me whether the judge has any leeway here or if there are tort cases I might find usefull. As you can see I never learned spell at Cornell and Columbia

AttyCBradford :

Hello

AttyCBradford :

I am sorry I had stepped away

AttyCBradford :

The judge can over rule this that is why you would file the Motion for a new trial. You would need to exhaust all your criminal remedies before attempting any civil tort remedies. The best would be to file the motion for new trial and then it would be to file an appeal if necessary

AttyCBradford :

Best of luck

AttyCBradford, Lawyer
Category: Legal
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Experience: Attorney At Law
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