A New York man who was sentenced to at least 15 years in prison for murder had his conviction overturned because his mother was forced to wait outside a courtroom during jury selection.
Daniel Floyd, 23, was tried and convicted for fatally shooting a rival during a dice game. The conviction was tossed on April 25, 2013, because Floyd’s lawyer complained that his client’s mother couldn’t find a seat in a courtroom that was packed with potential jurors, the New York Postreported.
“Defense counsel observed, ‘Certainly, as a public spectator, she has an absolute right to be present,’ ” the decision said. “This violation … requires a new trial.”
Floyd was back in court on Monday for a pre-retrial hearing.
“He was found guilty by a jury [and then] the Court of Appeals overturned it,” she said sadly.