Quote:
Originally Posted by El_Roscoe  In every case that i have tried, the question as to whether the jurors know any of the parties has always been asked. If it was, and the individuals failed to disclose this, there might be grounds for an appeal. If they did disclose their knowledge and the defense attorney failed to get rid of them with a preemptory challenge there might be an ineffective assistance of counsel argument that could be made, IF the attorney was on notice about the juriors knowledge of the defendant and the defendent had asked for them to be removed and the attorney failed to act accordingly. |
I agree that the question is asked in almost all trials. But, the fact that a juror might know a defendant is no more grounds for disqualification than is the case in which a potential juror claims to know of the defendant ... period.
Having worked the post-conviction field for many years I can say that rare is the appelate decision reversing a juror-related case resulting in conviction on any issue other than a
Batson claim. And I can further say that in the many years I have been researching arguments for appeal, NEVER have I run across a case in which conviction was reversed based on a juror's admission to knowing or knowing of the defendant.
Please re-read my previous post; I never said a conviction might not one day be reversed on this issue. Instead I said that to date none have.