P. v. Philpot CA4/1
Defendant Lonnie J. Philpot appeals from a judgment of conviction and sentence, entered after a jury found him guilty of one count of attempted murder and two counts of assault with a firearm, stemming from an incident in which Philpot shot at a parked vehicle occupied by two people at close range.
In challenging his convictions on appeal, Philpot raises two issues with respect to the court's handling of a prospective juror who expressed his view that the prosecution would not be bringing the case to trial unless there was strong evidence against the defendant, which was based on the prospective juror's history in law enforcement. Philpot first contends that the trial court erred in failing to declare a mistrial after the other prospective jurors heard Prospective Juror Number One make these comments. Philpot also contends that the prospective juror's comments violated his right to confront witnesses against him.
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