Tuesday, July 31, 2012

Mistrial in Murder Trial Where Canadian Juror Posts on an Anti-Defendant website

In this week of the Olympics we find that juror misconduct involving social media, just like the Olympic sports,  is not confined to the U.S.  The Canadian murder trial of Fred Prosser has resulted in a mistrial over a juror posting on an anti-Prosser Facebook site.
LINK:  http://www.cbc.ca/news/canada/new-brunswick/story/2012/07/18/nb-prosser-trial-929.html

Monday, July 30, 2012

Ohio Supreme Court Finds Trial Judge Acted With Haste in Ruling on Juror Misconduct During Deliberations and Ordering Mistrial

In a case with multiple defendants and a tortured route several times to the appellate courts, the Ohio Supreme Court ruled that the trial judge acted hastily in ordering a mistrial after briefly questioning a juror who brought to jury deliberations Internet research on the terms "perverse" and "involuntary manslaughter.  Convictions from a subsequent trial were reversed as double jeopardy was found.

LINK     "http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2012/2012-Ohio-3236.pdf

Friday, July 20, 2012

Retrial Results From Juror Bringing Extrinsic Evidence Into Deliberations

In a Washington wrongful death case, a juror told fellow jurors that families of soldiers killed in Afghanistan get $100,000 so no one else should get more.  The trial judge determined that this comment did not affect the verdict.  The appellate court reversed, discussing the objective standard which the trial judge should have used, ie. could the comments have affected the verdict.

http://www.courts.wa.gov/opinions/pdf/66743-2.unp.docx.pdf

Friday, July 13, 2012