Friday, September 13, 2013

TENN Supreme Court Remands Case to Trial Court for Hearing on Juror Communications With Witness

In this case the trial judge failed to hold an evidentary hearing regarding the alleged contact via social media (Facebook) between a juror and expert witness.  The lesson for judges is that an evidentary hearing should be held to determine the nature of the contact and whether a mistrial is warranted.

Link to TN Supreme Court opinion:   http://www.tsc.state.tn.us/sites/default/files/smithwdopn.pdf