Legal Question in Criminal Law in Oklahoma

Mistrial

A friend's right to a fair trial has been violated on the grounds of prejudicial evidence. Their lawyer claims that evidence didn't enter the case. I do not trust that this is true. How do I can I prove or disprove my friend had a fair trial and have or have not a right to a mistrial? Do I need to file for trial records to see if the evidence was shown to the jury? What do I do if my friend's lawyer refuse to ask for a mistrial?


Asked on 6/24/09, 4:11 pm

1 Answer from Attorneys
Rob Henson Henson Law Firm, PLLC

Re: Mistrial

"Fair trial" does not necessarily mean a trial free from prejudicial evidence. In general, most evidence is prejudicial to one side or the other and it is the trial judge's decision that determines whether evidence is prejudicial. However, the judge's ruling on evidentiary issues can be reviewed by an appellate court. You asked how you can prove or disprove that your friend had a fair trial. Whether your friend received a fair trial is now a question for the Oklahoma Court of Criminal Appeals. Your friend now needs an appellate attorney to represent him.

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Answered on 6/29/09, 12:39 pm


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