Friday, August 30, 2013

Mistrial After Victim's Father Gives Juror Stranded at Courthouse a Ride Home

Despite warnings from the judge, some jurors just don't understand the importance of avoiding contact with lawyers, witnesses, and parties and members of their family:
chttp://blog.al.com/breaking/2013/08/mistrial_for_man_charged_with.html

Friday, August 23, 2013

Juror's Ethnic Slur Midtrial Results in Mistrial

Juror's ethnic slur about the defendants was heard after trial by a person on criminal probation and brought to court's attention prior to sentencing.  Here are links to an article and the federal district court opinion:

http://www.med.uscourts.gov/Opinions/Hornby/2013/DBH_08192013_2-12cr50_U_S_V_FUENTES.pdf

http://www.mpbn.net/Home/tabid/36/ctl/ViewItem/mid/5347/ItemId/29570/Default.aspx

Monday, August 19, 2013

JUROR CAUSES MISTRIAL BY FAILING TO DISCLOSE FAMILIARITY WITH POTENTIAL WITNESS

A mistrial was declared in a drug case after a juror failed to disclose knowing a witness and further violated the court's instructions by speaking to the witness outside the courtroom.
Link:http://thegazette.com/2013/06/06/drug-trial-ends-in-mistrial-because-of-juror-misconduct/

Friday, August 9, 2013

VT Hearing on Jurors' Alleged Misconduct in Voir Dire Should be Public Prosecutors Argue

http://www.burlingtonfreepress.com/article/20130806/NEWS07/308060013/Prosecutors-Hearing-on-Fell-juror-conduct-should-be-public?nclick_check=1

This article brings to mind the issue of attorneys researching the backgrounds of jurors both before and after trial (for purposes of new trial motions).  There would be an incentive for defense counsel to withhold information on a juror's failure to answer honestly during voir dire and only bring forth the information if the defendant is convicted.  See prior posts here discussing this issue.