QUESTION

my question is can a forman of a jurier be realated to the victom because my husband hired a lawyer and he failed to tell us that he was also related

Asked on Oct 20th, 2012 on Criminal Law - Michigan
More details to this question:
to the victom and I think that you can't be related to anybody
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2 ANSWERS

Criminal Defense Attorney serving Williamston, MI at Law Office of Robert G. Fleming
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Challenges to a juror for cause are governed by Michigan Court Rule 2.511(D), which states " The parties may challenge jurors for cause, and the court shall rule on each challenge..... It is grounds for a challenge for cause that the person:  MCR 2.511(D)(8) "is related within the ninth degree of consanguinity or affinity to one of he parties or attorneys. Therefore your husband's attorney could have challenged the person who was related to the victim and asked the court to excuse him. If the attorney failed to so the issue is waived. If however, the court seated the juror over the challenge it may be grounds for an appeal.
Answered on Oct 22nd, 2012 at 2:27 PM

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A member of the Jury should not be related to anyone involved in the trial.  This fact should have been asked during the selection process. I would also have a problem if the defense lawyer was related to the victim in the case.  This should also have been disclosed and, at least, discussed with the parties.     In both situations, this may give rise to a claim for a new trial.    To discuss further, please contact me at 248-626-8383 or lumberglaw@gmail.com Eric Lumberg
Answered on Oct 22nd, 2012 at 9:54 AM

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