Queens NY Juror Fined $1000 For Dishing on Facebook During Trial

Here we go again....and again!  It is frankly astonishing that apparently intelligent jurors feel the need to blab on Facebook about their jury experience during the trial despite the strong warnings of the judge.  This juror fined $1,000.  Fears she may lose her job.

Linkhttp://www.nydailynews.com/new-york/queens/exclusive-queens-juror-fined-facebook-blabbing-article-1.2421830

Conviction Reversed Where Judge Failed to Grant New Trial Motion When Juror Had Failed to Disclose Pending Felony Charges

A juror remained silent when voir dire questions were posed about having been charged with a crime.  When it was discovered that this juror had pending charges the defense moved for a new trial which the trial judge denied.  Appeals court reversed.

https://acis.alabama.gov/displaydocs.cfm?no=692999&event=4H50U23P3

Juror Jailed for 5 Days for Research During Trial

Here we go again!!!

 http://www.wrdw.com/home/headlines/Woman-jailed-5-days-for-looking-up-legal-issues-during-jury-duty-336058611.html

Celebrities Called to Jury Duty Should Not Criticize "the Boredom"

It's happening again this week.  A prominent reporter on one of the financial cable news networks is on social media expounding on the boredom of waiting at the courthouse to be called for jury duty.  He is to be praised for doing his civic duty.  But jury duty is not intended to be entertainment.  Everyone knows there is a lot of waiting even if you are selected to serve on a jury.  So bring a good book and several newspapers (yes, Millenials, some people actually read newspapers ON PAPER)  You may find the experience quite enlightening.  It's only a few days out of your busy lives.  Indeed some people have had their lives interrupted while they serve on active duty in the military in places like Afghanistan so you have the privilege of serving on a jury.  End of sermon.                                

That Juror Failed to Disclose Being Facebook Friends With Victim's Sister Did Not Result in Mistrial

On the Jur-E Bulletin of the National Center for State Courts it was suggested that judges define for jurors during voir dire what the court means when it says "friend" during jury selection.  It has a different connotation today than even 10 years ago.  Here the juror was a realtor and had a thousand "friends" on Facebook for networking purposes. 

http://www.in.gov/judiciary/opinions/pdf/09241502rp.pdf

Conviction Reversed After Juror Making Racial Comments Found to Have Implicit Bias

A juror told two other jurors that she saw 2 African-American men in her neighborhood and that such an occurrence was unusual and she thought a conspiracy related to the trial.  The other 2 jurors were sympathetic.  The trial judge failed to remove the juror from the case and the defendant was convicted.  Reversed on appeal.

http://www.judiciary.state.nj.us/opinions/a0211-12a3356-13.pdf

Juror in Murder Trial Causes Mistrial, Sentenced to Stayed 6-month Prison Sentence

Shouldn't it be self-evident that, as a juror, you don't hug the victim's family members prior to deliberations?
http://www.thestate.com/news/local/crime/article32102109.html

"Mindless Digital Interaction" Doesn't Result in Mistrial in Murder Trial

Check out the judge's comments about "mindless texting."
Continues to amaze me that jurors either don't listen to the judge's admonitions about using devices during trial or simply don't care.  And why are the trials mostly murder trials?  Perhaps the jurors are enjoying what they perceive is celebrity status.  Perhaps the father's text could result in a reversal on appeal.  Watch for more on this in the future.
Link:
http://www.abajournal.com/news/article/judge_blames_mindless_digital_interaction_for_juror_texts_during_murder_tri/

Grand Juror in NY Charged with Unlawful Grand Jury Disclosure

Grand juror discussed testimony and the result in a local store:

http://www.thedailymail.net/news/article_be4f9aec-456b-11e5-9300-bb47257496cc.html

Judges: Be Aware of a Possible Weak Link in Your Social Media Control Over Jurors

As a result of budget restraints some courts have little or no bailiff support.  Others may have bailiffs who have been poorly-trained or are inexperienced.  We judges need to be vigilant about the support staff interacting with jurors throughout the trial, particularly during deliberations.  There are many cases where bailiffs have given dictionaries or other resources to jurors during trial deliberations, resulting in mistrial.  Bailiffs must be trained to also be vigilant about jurors accessing electronic devices during trial.

One Misbehaving Juror Goes to Jail While Another is Fined $4000

One misbehaving juror goes to jail for keeping trial notes on his phone...http://www.journalnow.com/news/state_region/juror-sent-to-jail-for-days-for-using-cellphone/article_ecd979b4-6d2e-501c-a291-7583c96c5e64.html

...while another in Vermont is fined $4,000 for reading newspaper articles about the trial...

http://www.usatoday.com/story/news/nation/2015/06/14/trial-juror-who-read-newspaper-fined-4000/71233204/

Juror's Cell Phone Seized When Improper Discussion of Trial With Friends Alleged; also, the Lying Juror and the Flirtatious Juror

Here is the story about the seized cell phone:

http://www.syracuse.com/crime/index.ssf/2015/06/dr_neulander_juror_misconduct_hearing_delayed_until_original_sentencing_date.html

Here is the appellate opinion about the juror who was a pathological liar during voir dire. It is a long opinion but the transcript of voir dire starts at page 5:

http://www.ca2.uscourts.gov/decisions/isysquery/5d406a1a-c8be-4c52-abf9-0678ccaa8c58/1/doc/13-1388_complete_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/5d406a1a-c8be-4c52-abf9-0678ccaa8c58/1/hilite/

Finally, the flirtatious juror.  Flirting with a criminal defendant is unbelievable!

http://www.dailytelegraph.com.au/news/nsw/saucy-juror-gets-trial-aborted-by-flirting-with-defendant/story-fnpn118l-1227386434150

Retrial Ordered Where Juror Was a Felon and Juror Failed to Disclose

Felons not having had their rights restored may not serve on juries.  I have had felons report for jury duty and who failed to disclose a felony record.  Fortunately we have discovered it before they served on a jury.  If this is not discovered, a mistrial or retrial could be ordered as that juror is not qualified to serve.

http://www.wsmv.com/story/28895076/judge-declares-retrial-because-juror-was-convicted-felon

UK Makes Jurors' Online Research and Use of Social Media a Criminal Offense

http://www.scottishlegal.com/2015/04/15/england-new-criminal-offences-created-for-jurors-who-unlawfully-research-trials/

Russian Jurors Bribed

Yes, it's Russia.

http://rapsinews.com/judicial_news/20150310/273295964.html

Error for Trial Judge to Excuse Juror Not Felt Adequately Proficient in English

Here is the link to the Connecticut opinion:

http://www.jud.ct.gov/external/supapp/Cases/AROap/AP155/155AP164.pdf

No Error When Judge Discharged Foreperson Who Refused to Reasonably Participate in Deliberations & Introduced Extraneous Matters

Here is link to advanced opinion of Connecticut Supreme Court decision finding no error where trial judge excused the foreperson during deliberations:
http://jud.state.ct.us/external/supapp/Cases/AROcr/CR315/315CR12.pdf

A juror accused another juror (the foreperson) of refusing to speak with other jurors, sitting away from a table where the jury was assembled, and commenting that she was just there to observe. (How did this person become the foreperson???)  Eleven jurors confirmed in questioning by the judge that the foreperson was not participating in deliberations.  The foreperson had also speculated that witnesses were bribed, of which there was no evidence.

Juror Dismissed for Visiting Horse That was Subject of Trial

In an animal cruelty trial a juror visited a boarding facility where a horse that was the subject of the case was being boarded.  This was clearly a violation of the judge's instructions. The juror was dismissed but a mistrial was denied.

http://www.mysuncoast.com/news/local/juror-kicked-off-napier-case-after-visiting-rescued-horse/article_471d8da2-aafd-11e4-b1ad-5b6acbc913f4.html

Thought-provoking Article on Subconscious Bias

When judges ask the "magic question" during jury selection, can they be certain the juror can genuinely recognize their own subconscious biases and prejudices?

Linkhttp://www.slate.com/articles/news_and_politics/crime/2015/01/jury_selection_in_the_etan_patz_dark_knight_shooter_and_the_boston_marathon.single.html