The Michigan Supreme Court will allow murder convictions to stand in a case despite the fact that the jury took the wrong oath before the trial.
Brandon L. Cain was convicted in the Wayne Circuit Court of two counts of first-degree premeditated murder, two counts of felony murder, two counts of torture, two counts of unlawful imprisonment, and other felonies.
Jurors in the case never swore the oath to try the case justly and reach a true verdict. Instead, the court clerk mistakenly swore in the jury using the oath given to prospective jurors that they answer questions about their juror qualifications truthfully. Cain’s attorney did not object at the time. Five of the seven state Supreme Court justices said the jurors knew the gravity of their task – meaning the oath didn’t seriously affect the fairness or integrity of the trial.
Justices David Viviano and Bridget Mary McCormack dissented. They said the ruling renders meaningless the requirement that jurors swear an oath before decided someone’s guilt or innocence.
Court says Jackson Co. judge projected “bias”, “hostility” to defendant
The Supreme Court also ruled Thursday that a Jackson County judge projected bias and hostility as he questioned a defendant – and has ordered a retrial. The defendant, Adam B. Stevens, was convicted by the lower court of second-degree murder and second degree child abuse in the death of his three-month-old son. His attorneys argued the death was accidental and occurred after Stevens tripped and fell while holding the baby.
The high court says Judge John G. McBain’s questioning of Stevens and expert witnesses implied partiality, was argumentative, and “invaded the role of the prosecutor.” The unanimous opinion, written by Justice Richard Bernstein, states that Judge McBain’s behavior likely improperly influenced the jury.
