Call Now For Help


Jury Issue Results in Reversed NJ Criminal Conviction


by in Criminal Appeals

State v. Vincent Shelton, unpublished opinion, App. Div. Docket No. A-5838-07T4 (July 14, 2010) – Convictions reversed. “On appeal, defendant asserts that the reconstituting of the jury after substituting a juror rather than declaring a mistrial was plain error and requires reversal…. [W]e deem the critical factor to be the jury’s reporting that it had reached a verdict as to one of the counts of the indictment. That being the case, we are mindful of the admonition … regarding jury deliberations proceeding to a point where reconstitution is not a viable alternative. The report of reaching a verdict is a critical factor in the analysis. Such information informs us that the remaining eleven jurors had reached a conclusion that, even with instructions that the jury was to begin deliberations anew, may be unalterable. Moreover, the excused juror, even though not exposing his bias, participated in the deliberative process presumably lending his view to the merits of the issues before the jury. We can not speculate as to what took place in the jury room both before and after the reconstituting of the jury. We resolve the balance between judicial economy and insuring a fair trial in favor of the latter and conclude that the appropriate course of relief is to order a new trial.”






*No aspect of this advertisement has been approved by the Supreme Court of New Jersey | Rating Methodology | Disclaimer | Privacy Policy
The information contained in on this website is for general information purposes only. The information is provided by The Law Offices of Anthony J. Vecchio and while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to The Law Offices of Anthony J. Vecchio or the information, products, or services contained on for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
The results of verdicts and settlements mentioned herein are not typical. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.

Site by Law Firm Website Designers / Criminal Defense/DWI Lawyer Marketing.