That's correct. The proper way to evaluate anyone's comments is on the content of them. I questioned the merits of them, starting with the idea that if one shows "bias" against Trump (and that's pretty obvious and was known to the defense, since she admits to being a former Democratic candidate for Congress) that's not a showing of "bias" against Stone, i.e. the defendant.
Further, if the defense knew of this anti-Trump alleged bias, and again, being a partisan Democrat and candidate for office makes this a high likelihood, and the defense didn't challenge her on that, or ask that she be stricken for cause or not, then I don't see the problem. Napolitano doesn't allege this woman tried to hide her Democratic party allegiances, and Stone's defense team apparently didn't care enough about it to strike her or even really question her about this 'bias' so why does the defense get a do-over?
You're a lawyer who knows the system - what am I missing?
I honestly didn't go that deeply into it because Adverse says whatever Trump or his defenders say. Trump attacks foreperson (I assume because Fox dug it up), Adverse starts this thread. But right off the bat he was doing what he accused others of from the opposite direction.
He quotes: "The is also a former Memphis school board member who has written a slew of political posts on social media, some of them negative to President Donald Trump...She wasn’t the only juror harboring such views. Another Stone juror was an “Obama-era press official with admitted anti-Trump views,”... "
I have no idea if the source is legit, but it sounds suspect (heavy dot com). I'm not sure I'm recalling a federal appeal about seating biased jurors that I've dealt with. State-side in MA, you have to ask the judge to excuse the juror for cause. You still cannot raise the claim on appeal unless you exercise a peremptory challenge (you get 12 for a felony case in MA, generally, but can request more) AND you use up all of your peremptories. (A peremptory is the lawyer getting to boot a juror during jury selection for no stated reason. Exercise of a peremptory can be objected to by the other attorney, but you only win the objection and keep the juror if the judge finds the peremptory was aimed at the person because of an "ism", ie, kicking off black jurors. it is extremely hard to win this. Federally, a
Batson challenge; MA, a
Soares challenge)
Your claim is
then about jurors who should have been excused, weren't excused, and whom you had to exercise peremptories on to kick off the jury.
Edit: you have to use up ALL your peremptories to make the claim, since the argument is "Defendant had to accept these people as jurors because the judge's error left him with no more peremptories". Federally, the test may be different. One only really knows the issues one has had to research in one's own cases. The rest....generalities.
That's the first thing I'd wonder about. The second is whether or not defense counsel actually moved to excuse the juror. If the defense didn't, the argument would have to be ineffective assistance of counsel for not moving to excuse. Legal mumbo-jumbo aside, that means it's even harder to win (almost always even harder).
It's hard to say anything meaningful without reading the transcript of jury selection at the least. I doubt this is going anywhere, but I'm certain Adverse doesn't have a clue. I'm not sure what the latest fed stats are, but the last time it was looked into, something like 8% of appeals concerning
preserved issues won. 92% lost. But a preserved issue is one the defendant objected to adequately at trial. There are plenty of cases without preserved issues, which makes it even harder to win. The total percentage of criminal appeals that win is even smaller. Probably smaller federally, for other reasons. But even if it's the same... one never has a good chance of getting a new trial.
Which is why I often find myself wondering why I went into appeals.