Thursday, August 9, 2012

Colorado Court of Appeals People v. Tunis 09CA0593

Decision here.

   This one isn't all that relevant to most of what the police do, but it's funny.  And I'll keep it short.

   Tunis was convicted of sexual assault on the basis of DNA evidence.  He appealed his conviction, arguing that the science behind this particular type of DNA evidence was unreliable.  He also argued that he had been denied a jury of his choice because the trial court had removed a juror who got caught sleeping and replaced that juror with an alternate.

   The court didn't humor this bullshit, and the conviction was affirmed.  I'm just shaking my head that the defense strategy on appeal was to argue that Tunis' fate should have been decided by someone who slept through the trial.

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