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February 17, 2014

Improper Procedure for Discharge of Deliberating Juror Results in Reversal of Guilty Verdict

Last week, the Massachusetts Appeals Court issued an opinion in Commonwealth v. Garcia that reversed a jury's guilty verdict on the grounds that the judge did not follow appropriate procedures in discharging a juror during deliberations.

The defendant was charged with armed robbery, and the case was tried in superior court. About approximately three hours of deliberating, the jury sent a note to the judge, stating that they had not been able to come to a unanimous decision. The judge did not believe that the jury had deliberated long enough to show a deadlock, and instructed the jury to resume deliberations the following day.

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