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
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.
Friday, May 31, 2013
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
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
Link: http://www.sun-sentinel.com/news/local/breakingnews/fl-demartin-motions-20130508,0,416396.story
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