One of our attorneys, Carl Folsom III, has won another victory in the appellate courts.
A defendant has Sixth Amendment right to a fair trial. This right continues through the presentation of evidence, the closing arguments, and even the reading of the verdict. A recent Kansas Court of Appeals case emphasizes the importance of following statutory requirements to ensure a defendant receives a fair trial. State v. Gray, No. 101,481, slip. op. at 2 (Kan. Ct. App. 2011). If statutorily required trial procedures are not adhered to, a conviction may be reversed.
In State v. Gray, Mr. Gray was charged with one count of aggravated assault on a law enforcement officer and three alternative counts of fleeing and attempting to elude a police officer. The case was tried and submitted to the jury. When the jury returned with a verdict, the foreperson read aloud the verdict of guilty to all charges. However, the trial judge did not follow up and ask the jury if the verdict read aloud was actually the jury’s verdict.
In Kansas, a statute requires an “inquiry made whether it is the jury’s verdict. If any juror disagrees, the jury must be sent out again. . . .” Slip. op. at 2 (citing K.S.A. 22-3421). Here, the Court of Appeals recognizes there is a strong rationale for the inquiry of the jury–it protects both the constitutional right to a unanimous verdict and protects “the concept of finality with respect to the jury.” Slip. op at 4. The inquiry also gives members of the jury an opportunity to speak up if they disagree with the other jurors or felt pressured into agreeing into a verdict.
Here, however, no questions were asked after the jury foreperson read the verdict. The failure to adhere to the requirements of K.S.A. 22-3421 jeopardized the defendant’s right to a fair trial; therefore, the Court reversed Mr. Gray’s conviction remanded his case for retrial. Because the judge did not ask one question, Gray’s conviction was overturned and he was released from a prison sentence.
When it’s your life on the line, you need a firm that knows every angle. From being able to convince a jury of your innocence to knowing the technical details of the law, you need a firm that works for you. Contact Bell Folsom, P.A., today, so we can start working for you.