Friday, January 31, 2014

Entire Jury Pool Discharged After Juror Google-searches Defendant

In April 2013 in Cincinnati Ins. Co. v. Omega Flex , a juror Googled the name of the defendant and shared with other jurors that defendant had a $10 million verdict against it in another case.  It was actually $1 million.  The judge and counsel voir dired several jurors at the bench within sight of the panel.  On defense motion, a magistrate discharged the whole jury pool.  This and other cases lead me to conclude that a formal hearing in which each juror potentially tainted is questioned should be conducted out of the hearing of the other jurors.  An informal bench conference is inadequate.  Rushing to get a jury impaneled without a formal hearing is bad practice.

Thursday, January 23, 2014

Juror Researching Penalty Causes Mistrial of Rape Case

Juror said he fell back into old work habits by researching the penalty in the rape case.  He disregarded the judge's admonitions, causing a mistrial after a 5-week trial.  The poor victim must go through the anguish of testifying once again.

http://seattletimes.com/html/localnews/2022703634_jurorsinternetxml.html

Monday, January 13, 2014

Another Facebooking Juror May Cause Mistrial

Juror's rather innocuous posts on Facebook regarding the trial experience may still be found to have violated the judge's admonitions against discussing the case on Facebook or Twitter.  Some people, in fact many people, insist on sharing every detail of their lives on social media even when warned not to by the court.

http://www.katv.com/story/24400542/jurors-facebook-posts-could-cause-mistrial

Tuesday, January 7, 2014

Link to Prof. Hoffmeister's Interview on His New Book "Social Media in the Courtroom"

http://www.c-spanvideo.org/program/MediaintheC

Defendant Entitled to Hearing Regarding Juror's Non-verbal Communications With Husband in Courtroom During Trial

http://www.ca10.uscourts.gov/opinions/11/11-6293.pdf

This link is to a federal decision granting a hearing to defendant following a murder conviction in which the trial court must investigate further a juror's non-verbal communications with her husband in the courtroom audience during the trial.  These decisions are becoming more frequent in which the trial judge's failure to conduct a hearing regarding alleged juror misconduct is found to be error.
The harmlessness of a juror's conduct can only be determined after a full-blown hearing.