- Criminal Defense
- Sex Crimes
Criminal Defense Lawyer John E. MacDonald, Inc. of Providence, Rhode IslandSchedule a Consultation
State v. Valcourt, 792 A.2d 732 (R.I. 2002). Two jurors in a child molestation case overheard a conversation in which defendant was talking about DCYF and child support. The jurors informed the trial judge and one was dismissed while the other was retained, over defendant’s objections, because she insisted that the conversation would not influence her ability to remain fair and impartial. R.I.S.C. affirmed.
“It is well-settled in this jurisdiction that the issue of whether a juror is disqualified due to bias, prejudice or interest is left to the discretion of the trial justice.” Id. at 735 (quoting State v. Berberian, 374 A.2d 778, 781 (R.I. 1977)).
The trial judge conducted an in camera hearing and extensive inquiry before determining that the comments were not so prejudicial as to arouse the passions of the jury.
State v. Oliveira, 774 A.2d 893, 915 (R.I. 2001). During trial and in the presence of the other jurors, a juror said “they should just hang them all.” The trial judge dismissed the juror. Defendant argued that the comment was sufficiently prejudicial that the judge should have granted a mistrial, or alternatively voir dired the remaining jurors. R.I.S.C. affirmed and noted that defense counsel failed to request either of these remedies during trial.
<< Prev | Next >>
Back to Table of Contents
Back to Top
Call the Attorneys at The Law Offices of John E. MacDonald, Inc. at 401.421.1440 or EMAIL us today.
© John E. MacDonald. All Contents Copyright 2004-2011 John E. MacDonald. All Rights Reserved.
The contents of all material available on this Internet site www.AggressiveLegalServices.com are copyrighted by John E. MacDonald. ALL RIGHTS RESERVED. All rights are reserved by John E. MacDonald, and content may not be reproduced, downloaded, disseminated, published, or transferred in any form or by any means, except with the prior written permission of John E. MacDonald.
DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter. Also, the Rhode Island Supreme Court licenses all lawyers in the general practice of law, but does not license or certify any lawyer as an expert or specialist in any field of practice.
© 2022. All rights reserved.