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Appeal for Retrial in State v. Meilin Schumann Essay Example

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Appeal for Retrial in State v. Meilin Schumann

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Appeal for Retrial in State v. Meilin Schumann. During recess, Bateson and Ramsfield improperly communicated.According to Ms. Schumann, conversation was social in nature and went as follows, “I know I’m not allowed to talk to you about the case, and I won’t. But I’m just curious if you’re related to John Bateson, who graduated from North High School in the late 1980s.” Bateson laughed and ascertained that John Bateson was her brother. Ramsfield said that John was quite a well-known character at her high school and that they had been good friends. She asked what John was doing these days, and Bateson said that he was the head of a start-up technology firm in California. Ramsfield said she would love to get in touch with John and that maybe when the trial was over, she would call investigator Bateson to get her contact information.

Bateson said that would be terrific and then they said goodbye. It sounded to our client Ms. Schumann as if Ramsfield then left the restroom.Based on the above facts, there was improper contact between a juror and witness in the case of v Meilin Schumann, Appellant and Defendant. The interaction construed misconduct of the juror and thus creating presumption of prejudice (Hall, Grossman & Ely 2005). Moreover, the content of the conversation was of such a nature that the appellant Ms. Schumann believed it to be potentially influential on the juror’s assessment of the investigator’s testimony. As the appellant’s defense attorney, I moved for a retrial but the court failed to rule on my motion and called for briefs from the defense and the prosecution regarding the issue. Schumann is therefore appealing for a retrial because of improper communication between the prosecution witness and the juror.It is likely that Ms. Schumann will be granted a retrial motion in the appeal case on charges of second-degree murder of her husband Edward Schumann. In examining the claims of juror misconduct, the court questioned the tainted juror about the existence of such interaction with Trina Bateson. The juror admitted in affirmative, adding that the conversation thereon lasted for barely a minute. On the other hand, Bateson was also questioned over the same issue for which he concurred with Ms. Schumann’s version of the story.Considering the case presented before us, both witness and juror admitted the existence of the claimed interaction. What the court therefore endeavor to. Appeal for Retrial in State v. Meilin Schumann.

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Bibliography

Benjamin N. Cardozo, The Nature of the Judicial Process, Cosimo, Inc. (2009), 34-180

Carlan Philip, Downey A. Ragan & Lisa Nored, Introduction to Criminal Law, Jones & Bartlett Learning (2011), 1-224.

Charles L. Hopper, Utah code annotated 1953, Allen Smith Company (2008) vol.11.

Friesen Jennifer, State constitutional law: litigating individual rights, claims, and defenses, LexisNexis, (2006) vol. 2.

Glen Neeley, James Nesci & Jason Schatz, Utah Dui Defense: The Law and Practice, Lawyers & Judges Publishing Company, (2011), 218-45.

Jean Bickmore White, The Utah State Constitution: a reference guide, Greenwood Publishing Group, (1998) vol.30, n.30.

Kermit Hall, Joel B. Grossman & James W. Ely, The Oxford companion to the Supreme Court of the United States, Oxford University Press (2005), 2d 1156-93.

Simons G. Milan, State of Utah, Plaintiff and Respondent, v. Phillip Paul Larocco, Defendant and Appellant, 742 P.2d 89, Utah 860172-CA (1987)

Utah, State of Utah, Plaintiff and Appellee, v. Paul Christopher Allen, Defendant and Appellant, 2005 UT 11; 108 P.3d 730; 519 Utah Adv. Rep. 3; 2005 Utah LEXIS 22 (2005)

Utah, State of Utah, Plaintiff and Respondent, v. David Stanley Pike, Defendant and Appellant, 712 P.2d 277 Utah L.R (1985)

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preview essay on Appeal for Retrial in State v. Meilin Schumann
  • Pages: 6 (1500 words)
  • Document Type: Assignment
  • Subject: Law
  • Level: High School
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