Arkansas Murder Conviction Tossed Because Jurors Slept and Tweeted

The first-degree murder conviction and death sentence for an Arkansas man was overturned because one juror slept during the trial and one repeatedly sent tweets in spite of the judge's orders that they not do so. Erickson-Dimas Martinez was convicted of first-degree murder and sentenced to death in 2010.  Before the trial began the judge warned jurors not to discuss the case with anyone "and don't Twitter anyone about this case."  Less than an hour before the guilty verdict was announced, the juror tweeted, "it's over."  He would also send tweets on a daily basis commenting on the coffee and make comments like, "here we go again."   The juror claimed that even though he sent the Tweets he did not make up his mind about the case until the very end.  The Court of Appeals was satisfied with his explanation but not the Arkansas Supreme Court which threw out the murder conviction and the death sentence.  The court found that the tweets were a discussion, even though they were one sided.  The court found that it was inappropriate for the juror to share information about the case in such a public forum.  The court also suggested that a panel look into whether to restrict jurors from bringing cell phones with them to court.

Prosecutors claim that Dimas Martinez robbed a teenager at gunpoint and demanded money before he shot and killed him.  

For more information about the Chicago criminal defense attorneys at Legal Defenders, P.C., visit us at www.thelegaldefenders.com or call us anytime at 1-800-228-7295.

Supreme Court Rejects Appeal Over Non-Unanimous Jury Verdict

Today, the United States Supreme Court rejected an appeal by a man convicted of attempted murder on a jury vote of 10 to 2.  Only two states, Oregon and Louisiana, allow defendants to be convicted of some crimes despite some jurors disagreeing with the majority.  More than 80 defendants have been convicted in the past five years, including at least 24 in the past 16 months by non-unanimous juries in these two states.  Troy Barbour shot Donald Baker five times with a stolen gun.  Barbour claimed he acted in self defense and Baker claimed that Barbour shot him for no reason.  Barbour was eventually convicted of attempted second-degree murder after 10 jurors voted to convict and two jurors voted to acquit.  This decision establishes that the states can adopt their own rules and are not compelled to require unanimous jury verdicts.  But even in Oregon and Louisiana, to be convicted of first-degree murder, which could bring the death penalty, requires a unanimous verdict.

The case is Barbour v. Louisiana, 10-689.

For more information about the Chicago criminal defense attorneys at Legal Defenders, P.C., visit us at www.thelegalefenders.com or call us anytime at 1-800-228-7295.