The standard for granting a mistrial for juror misconduct was the subject of oral arguments this week before the Supreme Court of Ohio. During deliberations a juror conducted internet research and brought definitions of "manslaughter: involuntary" and "perverse" to deliberations even though the judge had declined to provide a definition for the latter term. After discussing the matter with counsel and questioning the juror (as well as allowing counsel to question), the judge granted the state's motion for a mistrial.
Good article and links to briefs is at: http://www.legallyspeakingohio.com/2011/10/oral-argument-preview-what-standard-should-be-used-to-grant-a-mistrial-for-juror-misconduct
A blog about the very small percentage of jurors who fail to follow the judge's instructions, including doing independent Internet research, using social media (such as Facebook) to contact parties and lawyers, and blogging about the trial. Juror misconduct frequently results in mistrials and a waste of resources. Links will be provided to sample jury summonses, jury instructions, and other resources to improve juror education and minimize juror misconduct, thereby promoting fairness of trials.
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