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Holdout Juror Ousted for Seeking Counsel About Alleged Mistreatment by Other Jurors

Tim Kowal     October 15, 2020

A holdout juror in a murder case talked to an attorney about being badgered by the other jury members. The attorney appears in court to inform the judge about the conflict. The judge removes the juror. An alternate juror is seated, and the jury returns a guilty verdict within 90 minutes.

A Sixth Amendment violation? Sixth Circuit: No. She was removed for violating the judge's order not to discuss the case with anyone, not because she was a holdout.

Wofford v. Woods, no. 18-2367 (6th Cir. Aug. 13, 2020).

Tim Kowal is an appellate specialist certified by the California State Bar Board of Legal Specialization. Tim helps trial attorneys and clients win their cases and avoid error on appeal. He co-hosts the Cal. Appellate Law Podcast at CALpodcast.com, and publishes summaries of cases and appellate tips for trial attorneys. Contact Tim at [email protected] or (949) 676-9989.
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