George Franklin: Granted a new trial

Death row inmate George Franklin will get a new trial.  Mr. Franklin won the writ of habeas corpus from U.S. District Judge Walter Rice on his claim that a biased juror sat in his case.  On Jan. 9, 2006, the Sixth Circuit Court of Appeals affirmed Judge Rice’s order in an opinion authored by Chief Judge Danny J. Boggs.

Mr. Franklin was tried in 1989 for aggravated felony murder and aggravated burglary in Hamilton County.  During jury selection, one of the venire persons expressed her belief that Mr. Franklin had to testify or otherwise produce evidence to prove that he was not guilty.  This juror maintained her beliefs, despite repeated attempts by the trial judge to explain that the law presumed Mr. Franklin innocent, and that only the State was required to produce evidence to prove the charges.  The Sixth Circuit found that the voir dire transcript clearly established that this juror never set aside her beliefs that were contrary to the law.  Accordingly, the service of this juror in Mr. Franklin’s case created a structural defect requiring a new trial, as the service of a biased juror is never a harmless error.

The Sixth Circuit also found that Mr. Franklin’s biased juror claim was not forfeited even though the claim was not raised in his direct appeal.  The court reasoned that Mr. Franklin’s appellate counsel rendered constitutionally deficient performance because they failed to raise the biased juror claim in Mr. Franklin’s direct appeals.  And Mr. Franklin’s ineffective appellate counsel claim was itself not forfeited because Ohio’s mechanism for raising this claim under Appellate Rule 26(B) was not firmly established when Mr. Franklin filed his Murnahan motion (a motion alleging ineffective appellate counsel).  Additionally, the Sixth Circuit found that the Ohio courts have not ruled on Murnahan motions in a fair and consistent manner with regard to whether such claims are forfeited as untimely.

Inquiries about this case may be directed to Mr. Franklin’s counsel, Joseph Wilhelm.  The Sixth Circuit’s opinion may be accessed through the following link: http://www.ca6.uscourts.gov/opinions.pdf/06a0005p-06.pdf.