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Appeals court won't allow man out of murder conviction over candy gift

RACINE, WI (WTAQ) - A 31-year-old man failed Thursday to get out of a murder conviction, by claiming that his trial judge was prejudiced against him by giving leftover Halloween candy to his jury.

Jimmie Green was sentenced a year ago to life in prison, for a gang-related drive-by shooting in Racine that killed 12-year-old Marize Jones in 2010. 

Green tried convincing the Second District Court of Appeals that his attorney failed to represent him adequately. That's because the lawyer did not ask for a mistrial after learning that jurors sent the judge a thank you note for the candy. 

Green said it created an "us versus him" atmosphere, something his trial lawyer never perceived. The appellate court found that the judge actually gave the candy to the bailiff -- but the bailiff told jurors it was the judge's generosity.  

On this Halloween, the appellate court had no treats for Green, saying there was nothing improper about giving leftover candy to the jury through the bailiff. 

Also, Green wanted access to sealed jury information, so he could question the withdrawal of one potential juror who expressed concerns about the gang-related portion of the case. That request was turned down.