Judge’s Jury Form Mistake Results in Overturned Conviction

A Michigan appeals court has overturned an involuntary manslaughter conviction because a judge forgot to list “not guilty” as an option on a jury verdict form.

The Michigan Court of Appeals ruled Michael Jess Wade, a security guard convicted of shooting and killing a suspected thief, deserves a new trial because of the error, the National Law Journal (reg. req.) reports.

Wayne County Circuit Judge Annette Berry forgot to give jurors the option of finding Wade generally not guilty or not guilty of the lesser offenses of second-degree murder or involuntary manslaughter. Berry did give jurors a not-guilty choice for the first-degree murder charge.

Wade’s appellate lawyer, Kevin Gentry, told the National Law Journal that the jury foreman did indicate confusion over the form that was crafted by the judge.

"The jury foreman actually got up and had some confusion. He was stuttering about ... and before he could get a question out, the judge said, 'Just tell me which box you checked,' " Gentry said. "And then the judge accepted that as a verdict."