A mistrial was declared in a Huntsville, AL criminal case where a man is on trial for shooting his daughter’s boyfriend. The jury was unable to reach a verdict in the case of Fitzgerald McQueen, who shot his daughter’s boyfriend after finding him naked in his daughter’s closet late at night. McQueen argued self-defense, in that he went to check on his daughter, only to find the naked man, Jaizon Collins, in hiding. Conversely, the prosecution argued that McQueen shot Collins out of anger. Collins, who was not killed in the attack, was charged with statutory rape due to the age difference with the daughter. However, those charges were dropped and the case was removed to juvenile court.

Alabama law requires that the jury reach a unanimous verdict. Ala. R. Crim. P. 23. When the jury is unable to reach a unanimous decision, the judge declares a mistrial. Before declaring a mistrial, however, the judge often instructs the jury to try deeply to reach a unanimous verdict. This is sometimes known as a “dynamite charge.” If the jury is still unable to reach a unanimous decision, the mistrial is declared. The prosecution must then decide whether to bring charges once again. In this case, Circuit Judge Donna Pate has already set the case for retrial in September of this year.

Every defendant in circuit court is entitled to a jury trial. Ala. Code § 15-14-30. In contrast to circuit court, there are no jury trials in district or municipal court. However, a criminal defendant in district or municipal court may appeal to the circuit court for a jury trial. Ala. R. Crim. P. 30.1. In any case, the defendant may waive his or her right to a jury trial. When there is no jury empaneled, the trial is known as a bench trial. In a bench trial, the judge takes on the “fact-finding” role of the jury and decides guilt or innocence.In civil trials, either party may demand a trial by jury. In making a jury demand, the demanding party must notify the other party and court. The failure to notify the other party of a jury demand can constitute a waiver of the right to a jury in a civil trial. Additionally, the plaintiff and defendant may stipulate to a jury of less than twelve although this is rare. Ala. R. Civ. P. 48.

In civil trials, either party may demand a trial by jury. In making a jury demand, the demanding party must notify the other party and court. The failure to notify the other party of a jury demand can constitute a waiver of the right to a jury in a civil trial. Additionally, the plaintiff and defendant may stipulate to a jury of less than twelve although this is rare. Ala. R. Civ. P. 48.

The right to a trial by jury is one of the greatest assets of the American legal system. If your called on for jury duty, we encourage you to fulfill this duty with honor and pride.