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 Dwayne B. Your Own Question
Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 33747
Experience:  Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
Type Your Criminal Law Question Here...
Dwayne B. is online now
A new question is answered every 9 seconds

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: 10 months ago.
Category: Criminal Law
Expert:  Dwayne B. replied 10 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 10 months ago.
I didn't receive an answer.
Expert:  Dwayne B. replied 10 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 10 months ago.

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