Juror Strike Based on ‘Broken English’ Leads to New Trial, Third Department Says

NewsJuror Strike Based on 'Broken English' Leads to New Trial, Third Department SaysThe Appellate Division, Third Department found that the record in a criminal case did not support a prosecutor's claim that a prospective juror of color had "broken English." AD3 says the trial court failed to adequately assess whether the explanation was pretextual.

Email ShareFont SizeSmallMediumLarge PrintAn upstate New York appellate court granted a new trial Thursday to a defendant convicted of drug-sale offenses, finding that a prosecutor’s claim that a prospective juror of color spoke in “broken English” was unsupported by the record and that the trial court inadequately handled a Batson challenge.

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“Gibson’s criminal proceedings had long since concluded and he and his attorneys were pursuing post-conviction proceedings, namely the TIRC [Illinois Torture Inquiry and Relief Commission Act] proceedings, which all parties agree—and the Illinois Appellate Court has confirmed—are civil in nature,” the federal judge wrote.

While various factors may help explain the high level of en banc activity, court watchers cautioned that this year’s potential record may be a function of the Fifth Circuit’s docket, not necessarily a sign that its judges have become more receptive to rehearing cases en banc.

The justices, by a 6-3 vote, granted an appeal from New York prosecutors who had urged them to undo a federal appeals court decision that overturned the verdict.

Agnifilo Intrater partners Teny Geragos and Jacob Kaplan discuss defense themes and share how they uncovered new evidence in Weinstein’s third Manhattan trial, which ended last week in a mistrial. One juror said the panel was 9 to 3, in favor of acquitting.

U.S. District Judge Louise Flanagan has presided over thousands of controversies as an Article III judge, including a high-profile terrorism conspiracy case where she handed down hefty prison sentences years before being assigned to the 2026 federal criminal case charging former FBI Director James Comey with unlawfully threatening to kill President Donald Trump.