How common is it for a judge to overturn a jury's guilty verdict if he actually disagrees with the verdict?
5 attorney answers
A judge that overturns a jury verdict is rare indeed. It is called a JNOV and the motion is made after ever jury trial by a competent lawyer. I have seen one granted in 24 years. No matter what anyone thinks or says, the jury verdict is sacred in our legal system. For better or worse, juries are relied upon in our system. Civil too. You just are not going to find judges that are going to throw out a unanimous verdict and free a defendant who was just found guilty on the evidence admitted. Our legal system relies on juries. Our legal system relies on judges ruling correctly on the admissibility of evidence. It's not perfect. But it's what we have and why there are appellate courts to determine error.
If you are saying that a jury convicted a man based on his sexual orientation, then you are accusing the jury of breaking the law. Frankly, if that was an issue it should have been dealt with in jury selection. Choosing the proper jurors is crucial.
You are posting multiple questions on this situation. Each time you suggest that sexual orientation played a part in violating a man's right to due process. That is violation of one's right to a fair trial. See the sixth amendment. I am not going to tell you how to litigate due process. That is a task for you to research.
It is not very common for a court to overturn the verdict of a jury without some serious problems during the trial, especially in criminal cases. A jury's verdict can be overturned for clearly erroneous and damaging problems with law or procedure, the Judge's personal opinion of witnesses or the defendant has almost nothing to do with it. The standard for a judge taking a case away from a jury would be that "no reasonable jury" could have found the verdict that this one did.
I have attempted to provide you with an accurate and thorough answer to your question. Please understand that this answer is intended to provide you with general information. It should not be construed as legal advice, nor does it form an attorney/client relationship based on this communication. Good Luck!
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It wouldn't be common, but it is a possibility. There are options including a motion for new trial, and an appeal. There are strict time constraints on both so it's best to contact an attorney as soon as possible to protect his interests.
In general, it is extremely uncommon for a judge to overturn a jury's verdict, particularly in a criminal case. It can happen, but is very rare. It is more common in appeal, but still not a sure thing. Generally speaking, a jury's verdict is overturned for errors of law or procedure, but not simply because a judge disagrees. The jury in our criminal system is the finder of fact, so if it is a question of whether to believe one witness over another, etc., unless no reasonable jury could have found the way that one did, I wod not expect a reversal on that ground.
This is why it is so very important to take jury duty seriously and treat it as a civic responsibility. Juries make decisions that affect, even ruin, people's lives. It is your most direct opportunity to participate in our government.
I'm sorry you were disappointed in the result. Maybe there will be strong appellate issues and the defendant will get a better result on appeal.
My answers are for general information only, and do not establish an attorney-client relationship. I'm not your lawyer unless you retain me to represent you.
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Thank you. Would you say that a juror who also was selected jury foreman, was somewhat biased if he was later approached in public to discuss the new gay marriage laws and he, and I will quote, responded: So this decree by our supreme court of America is going to really reveal who the true Christians are. But Christ is the supreme ruler of the universe and those judges will have to answer to him. They are totally wrong and they have now decided for 2 percent of the population and I can give you a little literature too"? What is your opinion?