Tuesday, February 24, 2015
It pays to poll the jury
In Webb v. Com., the Court of Appeals in a published opinion by Judge Annunziata reversed and remanded the sentence imposed in a drug case, where the sentence was thirty years plus a half million dollar fine, because when the jurors were polled as to whether that was their verdict on sentencing, one of them said "no." The Court also ruled that the issue was not waived by failure to take it up while the trial court could have acted on it, even though it did not rise to the level of a constitutional violation.