Friday, May 18, 2012

Now I Have Seen Misconduct First-hand! and Facebooking Jurors Do NOT Cause New Trial

I can write about this as the trial is over and there can be no appeal.  During jury selection this week in the courtroom a prospective juror's smartphone buzzed, so he took it out and scrolled to read the text.  We were nearly done with jury selection (so he probably concluded as he had not be chosen as yet it was OK to read the text) so I did not embarrass him in front of 40 other people.  This was despite the poster (at right margin) being in the jury room where he waited 2 full days and my lengthy admonitions as discussed elsewhere in this blog.

Here is another appellate case regarding jurors on Facebook, fitting as today is the first day of trading Facebook shares from the IPO.  Note that a new trial was NOT ordered, that is, "no harm, no foul:"

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