Legal Question in Criminal Law in Ohio

Is retrial possible

My friend was recently convicted of selling prescription drugs, and his defense was that it was a former friend of his, not him. In the trial, a specific address was stated as the location of one transaction, and there was no proof of him having any ties to that location. He said that the girlfriend of his former friend had a friend who lived in that apartment, and the former friend and girlfriend had stayed in the apartment with her. The names of these people were stated several times in the trial, and there was a picture with the former friend, his girlfriend and her younger brother that was shown during the case. We found out after the trial was over that the great-aunt of the girlfriend was on the jury. This juror is very close to the girlfriend and we know she had heard things outside the court from the girlfriend and her family. Is this cause for a mistrial, even though it was never asked in the voir dire about relationship to the girlfriend?


Asked on 7/17/09, 8:54 am

1 Answer from Attorneys
Richard Cline Office of the Ohio Public Defender

Re: Is retrial possible

Juror misconduct is a possible basis for a new trial. You should contact an experienced criminal defense attonrey in the city where the trial occurred. This must be done very quickly, as there are strict time limits within which action must be taken.

Good luck.

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Answered on 7/17/09, 1:56 pm


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