JURORS BEHAVING BADLY

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, 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

JURORS BEHAVING BADLY

Friday, September 13, 2013

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

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