Can a Georgia Judge Remove a “Holdout” Juror Who Votes for Acquittal?
In any Georgia criminal case, the defendant has the right to a trial by jury. A key requirement of a jury trial is unanimity. Every juror must agree on the verdict. In the case of a hopelessly deadlocked jury, the judge can declare a mistrial, giving the state another chance to try the defendant. But a judge cannot attempt to force a unanimous verdict by removing a “holdout” juror.
That said, a judge can dismiss a juror for misconduct, which can include a “refusal to deliberate.” This requires more than the fact the juror voted one way while the rest of the jurors voted the other way. It effectively requires evidence that the holdout juror is simply refusing to consider the evidence or the other jurors’ point of view.
Social Media Tweets Insufficient Grounds for Dismissing Jury Foreman
Improperly dismissing a holdout juror can be grounds for a new trial. Indeed, the Georgia Court of Appeals recently overturned a conviction on that basis. In Brown v. State, prosecutors charged the defendant with various sex crimes related to the alleged abuse of a minor. After the closing of evidence, the jury deliberated for about four hours. The jury informed the court they were deadlocked 11-1 in favor of guilt on most of the charges. After further deliberation, the jury said they were “hopelessly deadlocked.”
One juror wrote a separate note to the judge, alleging the sole “not guilty” vote was the jury foreman who “cannot put his personal job title aside.” The foreman was a forensic analyst. The prosecution and the defense were aware of this during jury selection, and neither side objected to the foreman’s seating. The court also knew the foreman posted to his social media account prior to selection that given his background in forensics, he was a “walking grounds for a mistrial.”
After receiving the note regarding the deadlock, the judge questioned the foreman. The judge was particularly concerned about another social media post the foreman made after the trial began, which said, “Extraordinary claims demand extraordinary evidence.” The foreman explained that the post referenced was a reference to his professional work and had nothing to do with the trial.
Jury deliberations resumed, but the 11-1 deadlock persisted. After reconsidering the foreman’s social media tweets, the judge decided to dismiss the foreman and replaced him with an alternate juror. The jury proceeded to find the defendant guilty of all charges.
The Court of Appeals held that, under these circumstances, the trial judge erred in dismissing the foreman, thus depriving the defendant of his right to a fair trial by jury. Critically, the trial court cited no evidence that the dismissed foreman failed to deliberate or consider the evidence presented at trial. Rather, the jury simply decided the state failed to meet its burden of proof. That was not proper grounds for dismissal.
Contact Hawkins Spizman Trial Lawyers Today
If you are accused of serious felonies involving the exploitation of minors, you have the right to a fair trial. Our Atlanta sex crimes defense lawyers can help protect that right. Call Hawkins Spizman Trial Lawyers today to schedule a free consultation. We serve clients throughout Georgia including Atlanta, Dunwoody, Alpharetta, Cobb County, Fulton County, Gwinnett County, Johns Creek and Sandy Springs.
