It appears that the defense team of Lance Shockley (a.) has filed a motion for a mistrial.
Shockley's trial began on Moday and the jury pronounced him guilty Friday (03-27-09.)
They were in the penalty phase of the trial when Shockley's lead defense lawyer, Braford Kessler, made the motion.

According to The Dexter Daily Statesmen, the father of Sgt. Carl Dewayne Graham Jr., has indicated that one of the jurors (foreperson) is a published author, having written a fictional book that appears to have some similarities to the case.......and that the juror's son is reportedly a cop.

Kessler, claims to have not known about the publication of the book.....and is questioning the juror's bias based on the publication.

Sgt. Graham's father told The Statesmen that it was made known during jury selection, and the juror in question was selected based on that knowledge.

Judge David Evans reportedly denied Kesslers request for a mistrial and ordered Kessler to close, which he has refused to do.

Closing statements from the defense team could be delivered by David Bruns---or Judge Evans has ruled that the sentencing phase of the trial may end without closing statements if the defense chooses not to address the court.

The jury, which has been sequestered since opening statements were made on Monday (03-23-09) was picked from a jury pool in Carter County (Shockley and Graham's home county) and moved to Howell County on a change of venue.

(03-28-09) 3:55 p.m.:

The juror (foreperson) that the defense raised questions about has been released and replaced with alternate juror #1.
That leaves two more alternate jurors for either the prosecution or defense to utilize during the final part of the trial....the penalty phase.
Judge Evans has cleared the courtroom while the jury deliberates, and will allow friends and supporters of both the Graham's and Shockley's in the courtroom when the jury has a question.....or has reached a verdict.

I have a couple of questions for my lawyer readers out there......how does this affect the outcome of the trial? Alternate juror #1 didn't get to vote on the guilt or innocence of Shockley, did they.

Do they have to vote again?

How does this look as an appellate issue?

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