Michael Kiefer @michaelbkiefer · 5h 5 hours ago
Re holdout juror: Judges I spoke to said there's no turning back and the only way to get a new trial would be to
*overturn the conviction.
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*Reasons to Receive a New Criminal Trial
"
In the Interest of Justice
The court may
overturn any conviction and grant a new trial if the interest of justice so requires. This means that it would be an injustice if the court didn't grant a new trial. The court has broad discretion to decide when a new trial is required. Various reasons have been held by courts to support a new trial under the interest of justice standard. Some examples include:
-Jury bias
-Jury misconduct ..."
http://criminal.lawyers.com/criminal-law-basics/reasons-for-a-new-criminal-trial.html
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Reversing a Conviction
http://criminal.findlaw.com/criminal-procedure/reversing-a-conviction.html
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Motions to Set Aside Verdict or Vacate Judgment
"...At any time after a verdict, but before sentencing, the trial court may set aside or modify the verdict. At any time after the entry of a judgment (i.e., after sentencing), the sentencing court may vacate the judgment.
A trial court may set aside a verdict on the following grounds:...
b. Juror misconduct or jury tampering, occurring out of the presence of the court, affecting a substantial right, and unknown to the defendant prior to the verdict;..."
http://www.etksdefense.com/motion_verdict_judgement.htm
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