Q: “correction officer “ as part of his jury,, by that person being law enforcement and being able to influence the jury
members,, would that be grounds of appeal? As well judge of case was removed do to misconduct
Judge, California Superior Court..
If something could be done ,,would like to speak on representation terms. Thank you for your time ..
A:
If the juror lied about , or failed to disclose his correctional officer background in response to direct questioning, there may be grounds for a new trial, which must be pursued immediately (within 20 days of verdict). Discuss this with trial counsel.
If Counsel knew his occupation and kept him on the jury anyway, it would probably be seen as some kind of strategy, barring any other evidence of ineffective assistance of counsel (IAC).
Any and all misconduct by the Judge (or the prosecutor) presents grounds for appeal. Notice of Appeal must be filed within 60 days of sentencing.
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