W.Pa. lawyer wants client’s drug conviction dismissed because Canadian served on jury

By Dan Nephin, AP
Wednesday, February 3, 2010

W.Pa. lawyer says Canadian wrongly served on jury

PITTSBURGH — A western Pennsylvania defense attorney wants his client’s drug conviction dismissed because one of the jurors wasn’t a U.S. citizen, which is a requirement of jurors.

Thomas Shaffer says he didn’t know the woman was Canadian when she was chosen for his client’s trial last month in Fayette County. After his client’s trial, Shaffer was in another courtroom where the woman was on a panel for another trial and disclosed she was Canadian in response to that judge’s questions.

The Fayette County jury commissioner says it was an oversight that the woman got in the jury pool.

A Duquesne University law professor says he’s never heard of such a case.

Shaffer will argue for the dismissal at a hearing Thursday.

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