NASHVILLE, Tenn. – A Tennessee appeals court docket has granted a brand new trial for a Black man who was convicted of aggravated assault by an all-white jury that deliberated in a room containing Accomplice symbols.
The Tennessee Courtroom of Prison Appeals dominated Friday that Tim Gilbert deserves a brand new trial on fees stemming from a December 2018 altercation, The Tennessean reported.
Gilbert was sentenced to 6 years in jail after his conviction on fees of aggravated assault, reckless endangerment, illegal possession of a weapon by a convicted felon and resisting arrest.
His lawyer appealed, arguing that Gilbert’s proper to a good trial was violated as a result of the jury deliberated in a room adorned with an vintage Accomplice flag and a portrait of Accomplice President Jefferson Davis.
The enchantment court docket’s ruling got here after a circuit court docket decide denied Gilbert’s movement for a brand new trial.
The appeals court docket ruling mentioned that permitting the jury to resolve whether or not Gilbert was harmless or responsible in a room on the Giles County Courthouse maintained by the United Daughters of the Confederacy “uncovered the jury to extraneous prejudicial data and violated his constitutional rights to a good trial carried out by an neutral jury.”
The trial court docket additionally made a mistake by permitting a challenged witness assertion, an error that “can’t be categorized as innocent,” the appeals court docket mentioned.
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