QUESTION

In a criminal case what would be the process for a juror that knew the victims family personally but assured the judge it wouldnt affect his verdictai

Asked on May 30th, 2014 on Breach of Contract - Alabama
More details to this question:
However once the trial had ended and the defendent was found guilty the same juror wad consoleing one of tbe family members so how could he be fair to the defendent with such strong ties to the victims family? What should the defendent do about such an injustice?
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1 ANSWER

Appellate Practice Attorney serving New York, NY
Did the defendant object to the juror being empaneled?  If not, he/she has probably waived his/her right to object now.  If so, however, and the Judge overruled the objection, the defendant can appeal his/her conviction.  Also, the new evidence discovered after the trial (the juror seen consoling members of the victim's family) might be a basis to vacate the judgment without need of an appeal, but I'm not confident that argument would succeed.
Answered on May 30th, 2014 at 12:06 PM

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