Shawnee, OK asked in Criminal Law for Oklahoma

Q: Can a judge overrule a jury decision regarding a conviction of Lewd Acts against a minor under 12?

My ex-husband was convicted recently of Lewd Acts against a 4 year old. His formal sentencing is not for 6 weeks. The judge was a former defense attorney and was clearly partial to the defense. In spite of that, the jury convicted him and gave him two life sentences. This judge has done controversial things before and is getting ready to retire. I am wondering is there anything he can do to change or alter the jury decision. This was in Oklahoma County.

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1 Lawyer Answer
Howard Berkson
Howard Berkson
  • Tulsa, OK
  • Licensed in Oklahoma

A: Your best bet is an appeal but, frankly, appellate courts normally uphold the trial court's decision.

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