CASE LAW UPDATE: Whether while a person is entitled to a 12 person jury, they are not entitled to a 12 person poll of the jury record
Defendant was convicted of 1st degree burglary (assault) and 2nd degree assault with a dangerous weapon. At trial, he had a jury of 12 persons, to which he is entitled. After the verdict, the transcript only reflected that 11 jury members were polled as to their verdict. Defendant appealed, arguing that only 11 jurors found him guilty. The Minnesota Court of Appeals found that he had a 12 person jury, but that the transcript inaccurately reflected that only 11 were polled. The Minnesota Court of Appeals held that the inaccuracy in the transcript relating to polling did not establish a constitutional violation. Affirmed.
State v. Bey, A20-1097, Stearns County.
Minneapolis Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.