A recent United States Supreme Court decision on the case of Marcus A. Wellons v. Hilton Hall, Warden determined that a defendant is entitled to a full hearing when there is possible misconduct on the part of the court.
Petitioner Marcus Wellons was convicted in Georgia state court of rape and murder and sentenced to death. The trial seemed like an open and shut case. However, after the trial’s conclusion, the defense counsel learned of the unusual events that transpired behind the scenes during the course of the trial, including unreported isolated contact between the jury and judge, a planned reunion with the jurors and bailiff, and “either during or immediately following the penalty phase, some jury members gave the trial judge chocolate shaped as male genitalia and the bailiff chocolate shaped as female breasts.” The judge did not report any of these events to the defense.
Neither Wellons nor any court knew what happened during these events or what prompted such “gifts.” Wellons’ attorneys repeatedly filed motions to develop evidence, seek discovery, and hold evidentiary hearings, all of which were denied. Wellons continued to appeal these decisions, and filed a petition for writ of certiorari (a request to the U.S. Supreme Court to review a decision).
The United States Supreme Court decided to review Wellons’ case and determined that the defendant was legally entitled to compel discovery and a full evidentiary hearing on his claim of possible court misconduct.
There is a potential for serious misconduct from the judge, jurors, and courtroom officials in criminal trials. It is important to have the experienced Southern California criminal appeals attorneys from Wallin & Klarich represent you if you or a loved one has been found guilty of a crime after a trial. Our attorneys have the knowledge and expertise you need if you are facing the need for an appeal. Our attorneys may decide it is important to look into courtroom misconduct issues in your case. The attorneys at Wallin & Klarich can be reached by phone at 1-888-749-0034 or through our website at www.wklaw.com. We will be there when you call.
