In a ruling on Tuesday, Lee County Circuit Judge Jacob Walker explicitly denied a motion filed by former House Speaker Mike Hubbard for a new trial.
With the order, Hubbard’s case will move on to the Alabama Court of Criminal Appeals or the Alabama Supreme Court.
The motion for a new trial was automatically denied Sept. 6 by operation of law, after Walker refused to rule on the post-motions within 60 days. However, the circuit judge said he wanted to make an explicit ruling on the motion to address concerns of juror misconduct.
In August, Hubbard’s attorneys filed a post-trial motion alleging possible juror misconduct, after a juror in the trial signed a sworn affidavit accusing other jurors of violating court rules. The juror said they witnessed other jurors make biased remarks and discuss the trial before deliberations, against Walker’s orders.
Walker said Hubbard’s attorneys — who did not call any witnesses during a September hearing in Opelika — did not prove Hubbard was convicted because of prejudice.
Juror misconduct, he continued, is not automatically grounds to dismiss a verdict.
Hubbard was convicted of 12 out of 23 felony ethics charges.
Juries that deliver split verdicts like the jury in Hubbard’s case are not usually under the influence of bias, Walker said, citing a 2004 United States Supreme Court Case.
“This suggests that they were not unduly prejudiced and carefully considered the evidence before them regarding each count and rendered verdicts consistent with those deliberations,” Walker wrote.
Earlier this month, Hubbard filed his appeal with the Alabama Court of Criminal appeals. Walker’s denial for a new Lee County trial does not affect Hubbard’s current appeal.
A jury found Hubbard guilty of 12 felonies in June, and Walker sentenced him in July to serve four years in a state penitentiary.
He remains free on bond pending his appeal.
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