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.
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.
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