Friday, May 31, 2013

Juror Finds Appellate Opinion Regarding Defendant's Prior Trial in Same Case

This may be the worst case scenario.  A deliberating juror finds Online the appellate decision overturning Defendant's conviction in earlier trial of same case, full of inadmissible evidence.  Conviction overturned once again...for the THIRD TIME.

Link:http://www.ctlawtribune.com/PubArticleCT.jsp?id=1202601310888&Jurors_Online_Research_Forces_New_Trial&slreturn=20130431091855

Thursday, May 16, 2013

Lawyers Generally Permitted to Use Social Media for Voir Dire of Jurors; Md. Judge Denies Use

Generally lawyers are not prohibited from perusing prospective jurors' social media "presence" (such as Facebook pages) as a part of voir dire so long as there is no communication with the prospective juror.
Link: http://www.law.com/jsp/lawtechnologynews/PubArticleLTN.jsp?id=1365358260083&thepage=2

I suggest that a lawyer should inquire of the judge out of the hearing of the jury if the lawyer has doubts about certain voir dire questions formulated from a juror's social media presence.

Md. Judge denies use of Internet for voir dire investigation of jurors:
Link http://www.gazette.net/article/20130515/NEWS/130519448/1123/montgomery-judge-denies-internet-searches-for-jury-selection&template=gazette

Friday, May 10, 2013

Juror Charged With Contempt for Failing to Disclose Wife's DWI During Voir Dire

During jury selection a juror who sat in a DWI case failed to disclose that his wife had a DWI.  He has been charged with contempt and the matter will be going to trial. The DWI defendant, a famous polo mogul in Florida, was granted a new trial.
Link:  http://www.sun-sentinel.com/news/local/breakingnews/fl-demartin-motions-20130508,0,416396.story