Conviction tossed over jury not taking oath

[JonLP24]

ANN ARBOR, Mich. - A Michigan man sent to prison for 15 years is getting a new trial after the judge failed to do a routine procedure - ask the jury to take an oath.

Timothy Becktel was sentenced in 2008 for assault with intent to murder. But his appellate lawyer successfully argued that the verdict should be thrown out because the jury didn't swear to return an honest decision based on law and evidence.

The Michigan Court of Appeals said Friday it must erase the verdict to preserve the fairness and integrity of the judicial system.

Assistant prosecutor David King says his office might appeal to the Michigan Supreme Court. He says Becktel's trial attorney never objected to the lack of a jury oath.

http://www.azcentral.com/offbeat/articles/2010/03/05/20100305conviction-tossed-over-jury-oath05-ON.html

[Lil Missy]

1. What a waste of taxpayer money.

[nomorenomore08]

2. The attorney didn't object? What a shitty excuse for a lawyer.

That, more than anything, is what stands out to me about this story.

[MiddleFingerMom]

3. Fail.

.
#1. I think that the omission of what is almost certainly a mindless rote process
would go unnoticed by many, if not most.
.
#2. It's not the defense attorney's job to supervise, correct nor guide the Court.
.
#3. I might go all Cape Fear on my attorney if he blew away a perfectly good shot
at an appeal later on -- no matter WHAT the reason.
.

[nomorenomore08]

4. You got me on point #3. I hadn't considered that.

nt