The Law Offices of Scott M. Schlegel, APLC

The Law Offices of Scott M. Schlegel, APLC, Obtained A Rare Reversal In Complex 50 Years to Life Sentence Case! Our office recently secured a rare appellate decision that resulted in a complete reversal of a 50 to life sentence. This reversal provided further context to the term jury experiment and "jury misconduct" in a published Court of Appeal decision. Our client's constitutional rights were violated when the Jury failed give serious consideration to the evidence th...at was presented at trial. During jury deliberations, one juror, who is of Asian-decent, conducted an experiment whereby she accused another juror of Hispanic-descent, of smacking her on the behind while exclaiming I want to stick my Mexican burrito into her chicken fried rice. The purpose of her experiment was to compare the reaction of the Hispanic juror to our client’s reaction when he was accused of committing a sexual offense in a secretly recorded phone call. After the experiment, all 12 jurors voted guilty, convicting our client of 6 of the 7 charges. He was sentenced to 50 years to life in state prison. The California Court of Appeals agreed with us and held that the juror’s controlled experiment constituted jury misconduct. The misconduct was prejudicial and therefore a complete reversal was warranted. Justice has been served! Case Information: People v. Wismer Case NumberD068743 Court of Appeal of California, Fourth Appellate District, Division One http://caselaw.findlaw.com/ca-court-of-appeal/1857483.html

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