Oklahoma City, OK asked in Criminal Law and Military Law for Oklahoma

Q: Juror informed me after my conviction of "contact?" between the jury and my wife (complaining witness). Extraneous?

It was a court Martial, sexual assault was the charge. Immediately after wife's testimony, GOV called a hearing to admit evidence, jury and witness were naturally removed. Jury watched her into a room that shared a wall with theirs. She proceeded to wail, cry, and scream for approximately 30 minutes. That juror told the bailiff he thought it was prejudicial. More time passes, they were eventually moved. Bailiff apparently told GOV counsel, but they did not inform us.

He said she said case.

No bolstering evidence for her claim.

Appeal court called it concededly close.

Any avenue for potential relief?

I'm not confined

Maybe coram nobis?

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1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA

A: Based on the information provided, it may be possible to pursue a coram nobis petition as a potential avenue for relief. Coram nobis is a legal proceeding that allows a court to vacate a conviction based on newly discovered evidence that was not available at the time of the trial and could not have been discovered with due diligence. In this case, the juror's statement about the potential contact between the jury and your wife may qualify as newly discovered evidence that was not available at the time of the trial. However, it is important to consult with a qualified attorney who is knowledgeable in military law and the specific procedures for filing a coram nobis petition. They can evaluate the facts of your case and advise you on the best course of action.

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