Recently, a defendant in Arizona was found guilty of six counts of first-degree murder. He appealed his convictions, arguing in part that one of the jurors in his trial had external knowledge of a previous crime that he had committed. According to the defendant on appeal, this knowledge prejudiced the juror against him, and the trial court should have granted his request for a mistrial. The higher court reviewed the trial record and ultimately disagreed, finding that the juror credibly stated she did not remember that the defendant had been accused of another crime several years prior.
Arizona Rule of Criminal Procedure 24.1
Under Arizona Rule of Criminal Procedure Rule 24.1, a court may order a new trial either on the defendant’s motion or with the defendant’s consent. The defendant in this case moved for a new trial under this rule, arguing that one juror intentionally hid the fact that she knew the defendant was convicted of a previous murder. The trial court denied the defendant’s request, concluding that 1) the defendant did not show that the juror failed to disclose any knowledge and 2) regardless, the defendant failed to show any prejudice that resulted from the possible knowledge.
The defendant appealed. In the higher court’s opinion addressing the appeal, it noted that the juror testified that she knew about the previous murder, but she also indicated that she did not remember that the defendant in the case before her had been convicted of that murder. The court found this testimony to be credible; that is, it found it reasonable that the trial court relied on the juror’s testimony when deciding not to grant the defendant a mistrial.
Successfully motioning for a mistrial can be difficult, and courts are unlikely to grant a mistrial except in a narrow set of circumstances. To avoid this difficult situation, make sure to retain a zealous, experienced criminal defense attorney that can litigate your case aggressively the first time around. In some cases, your choice of attorney can be the difference between life and death. Making a good choice in who you hire is the first step to successfully fighting to maintain your freedom.
Do You Need a Maricopa County Criminal Defense Lawyer in Your Corner?
If you or a loved one has been criminally charged in Arizona, give our office a call to talk through a defense strategy that works for you. At the Law Office of James E. Novak, we take pride in our informed, aggressive strategy as we navigate the criminal legal landscape. Our team is known for its diligent approach and each and every case, and we don’t rest until we have done everything in our power to get you the results you need.
If you haven’t yet spoken with an experienced Maricopa County criminal defense lawyer about your case, call us today for a free and confidential consultation at (480) 413-1499. You can also fill out our online form to tell us about your case and have an attorney reach back out to you as soon as possible to discuss next steps.