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

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would you have grounds for...
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: 9 years ago.Category: Criminal Law
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5/2/2008
Criminal Lawyer: J D Haas, Lawyer replied 9 years ago
J D Haas
J D Haas, Lawyer
Category: Criminal Law
Satisfied Customers: 2,998
Experience: 23 years as a trial lawyer with experience in criminal law.
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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
J D Haas, Lawyer
Category: Criminal Law
Satisfied Customers: 2,998
Experience: 23 years as a trial lawyer with experience in criminal law.
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Customer reply replied 9 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
Criminal Lawyer: J D Haas, Lawyer replied 9 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.
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Customer reply replied 9 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 reply replied 9 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
Criminal Lawyer: J D Haas, Lawyer replied 9 years ago
In what state?
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Customer reply replied 9 years ago
florida
Criminal Lawyer: J D Haas, Lawyer replied 9 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.

 

 

 

 

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Customer reply replied 9 years ago
how much would an appeal like this cost? and what knid of sentence does this carry. this is my last question
Criminal Lawyer: J D Haas, Lawyer replied 9 years ago
The appeal would cost $5000-10,000+.

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