Legal Question in Criminal Law in Colorado

Appeal

I just went through a criminal trial where after four hours of deliberating the D.A. thought the jury was going to find me not guilty. He decided to run background checks on all of the jurors to see if he could find a reason to screw me over if they did find me not guilty. One of them had previously been convicted of the same thing I was being charged with in the same county but was a juvenile at the time. There was no alternate juror and they decided on a guilty verdict ten minutes after all this was found out. Can I appeal the verdict?


Asked on 5/01/08, 4:53 pm

2 Answers from Attorneys
Jason Savela The Savela Law Firm, PC

Re: Appeal

so, was the juror tossed out of deliberations? did that leave less than 12 (felony) or 6(misd) jurors? Did you object or not agree to have less than the correct #? If answer to all is yes, then you have an issue. The only way a jury can decide with less than the normal number is with defense agreement, otherwise it is a mistrial.

if the juror stayed on and the jury did not know about the juror's little problem, then no issue specifically there

there are always reasons to appeal and most cases have error, but not all cases have reversible error

Read more
Answered on 5/01/08, 6:35 pm
Daniel Fenaughty FENAUGHTY & ASSOCIATES, PC

Re: Appeal

If the DA did all of this in front of the juror, you have an issue. If the juror was thrown out and no alternate, you have an issue. If not, then not.

Read more
Answered on 5/01/08, 8:19 pm


Related Questions & Answers

More Criminal Law questions and answers in Colorado