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Tuesday, February 28, 2006

Juror may be dismissed for good cause, not just inability to impartially decide case

TRIAL
United States v. Brothers,
No. 05-5062, ___ F.3d ___ (10th Cir. Feb. 23, 2006)(N.D. Oklahoma).

Appeal of conviction and sentence for being armed career criminal and felon in possession of a firearm in violation of 18 U.S.C. ยงยง 922(g)(1) and 924(e)(1).

HELD: District court may dismiss juror for good cause, not just for inability to remain impartial. Where juror stated strong preference against serving on jury due to traumatic experiences in her past that interfered with her concentration as juror, juror was unable to perform function as juror and was therefore properly dismissed for good cause.

Read the opinion here.

posted by Russ at 12:09 PM


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