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Kemp v. State

The defendant whose trial was held during the week of September 11, 2001 was not denied his right to a trial by a fair and impartial jury.

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Ricky Kemp appeals following his conviction by a jury of one count of armed robbery. He argues that he was denied a trial by a fair and impartial jury because his trial was conducted during the week of September 11, 2001, the date of the terrorist attacks on New York City and Washington D. C. He also asserts that he received ineffective assistance of trial counsel because his attorneys failed to move for a continuance of his trial. We affirm.

Voir dire began in this case on the morning of September 11, and by 12:05 p.m., a jury was impaneled and sworn. At that point, a deputy announced that the courthouse was being closed for security reasons, and the jury was sent home after receiving cautionary instructions regarding the case and the media. The court reconvened the next day, and the trial continued with the state’s case. Kemp chose not to present any evidence on his own behalf.

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