Juror Visits Scene of Crime Resulting in New Trial, Eventual Discharge From Employment for Misconduct as Juror

Here is a link to a VT Supreme Court decision sustaining the dismissal from employment of a state worker who committed misconduct as a juror during a federal capital murder jury trial.  The juror visited the crime scene contrary to the judge's instructions and shared his observations with his fellow jurors.  Five years later he revealed these facts to the defendant's attorneys and signed an affidavit about what he had done.  However, under oath in a post-trial hearing in federal court he denied what he had admitted in his sworn affidavit, thereby compounding his misconduct.   The murder conviction was vacated and a new trial ordered.  News of his misconduct got to his supervisors and he was fired.  He filed a grievance.  His firing was sustained by the VT Supreme Court.


The federal court found this juror had displayed "brazen disobedience, dishonesty, and unwillingness to decide the case based upon the evidence presented at trial."  He was terminated from state employment for gross misconduct related to his fitness to serve as a state employee.


https://www.vermontjudiciary.org/LC/Supreme%20Court%20Published%20Decisions/op16-123.pdf

SCOTUS Hearing Arguments Regarding Racial Bias In Jury Deliberations

Interesting post in SCOTUS blog about arguments before US Supreme Court regarding state law prohibiting defendant from introducing evidence of racial bias within the jury deliberation process.


http://www.scotusblog.com/2016/10/argument-preview-justices-to-consider-racial-bias-in-jury-deliberations/

Attention Trial Lawyers: Jurors Don't Like Your Experts

Link to a good article from Arizona Attorney magazine.  Click arrows at top to advance pages.


http://www.azattorneymag-digital.com/azattorneymag/2016expertwitness?pg=9#pg9

Brief Video About Internet Research by Prof. Dershowitz

https://www.youtube.com/watch?v=9X-o149GGns

Prospective Juror Refuses Service, Sentenced to Jail

Jury duty is a duty of citizenship.  Judges do not take lightly those who fail or refuse to appear.  This citizen was sentenced to jail:


http://www.wyomingnews.com/news/cheyenne-man-gets-jail-time-for-skipping-jury-duty/article_375c3a16-62a9-11e6-aa89-4fc82066a6a5.html

Article "Are We Driving Jurors to the Internet?"

Here is a link to the article:


https://bol.bna.com/are-we-driving-jurors-to-the-internet-perspective/


Some judges have suggested the court start allowing jurors to submit questions.  A Minnesota judge did this for many years in civil cases.  The court for a variety of good reasons leaves jurors in the dark about the parties or defendant in a criminal case.


I love the photo: women jurors in hats and men in suits and ties.  A prospective juror arrived in our court this week in a t-shirt with the name of his favorite team, cargo shorts and flip-flops.

Sitting Juror-Paranormal Medium Claims Visit by Victim-Deceased, Is Excused From Jury

A Calgary juror, an alleged paranormal "medium", claimed she was visited by the victim-deceased. She was excused.


http://calgaryherald.com/news/crime/juror-dismissed-at-start-of-strasser-hird-trial-after-claiming-visit-from-victims-ghost

"Lovestruck" juror Jailed for Falsely Facebooking Another Juror and Research During Trial

Ah, spring, when a young man's fancy turns to...
A Florida juror has been jailed for his Facebook false communications with a fellow juror (post-trial)and his research of a term in violation of the judge's admonitions.  He attempted to get the other juror to make false allegations about jury misconduct in order to get the guilty verdict overturned:


Link: http://www.mypalmbeachpost.com/news/news/crime-law/juror-gets-8-days-in-jail-for-researching-word-pus/nrTwd/

Proposed CA Law Would Allow Judges to Fine Jurors Up to $1,500 For Social Media Violations

Here is a link to LA Times article.  Perhaps jurors who admit to being "addicted" to social media and Internet research should simply be excused from jury service rather than risk a mistrial.
http://www.dailynews.com/general-news/20160424/california-jurors-misusing-the-internet-could-face-fines-up-to-1500

Juror's Objection to Lack of Diversity in Jury Panel Results in New Trial

The issue of racial makeup of juries came to a head when a juror arose in a Tennessee courtroom and stated that he felt it was unfair for two black men to be tried when no person of color was on the jury panel.
Here is a link to the newspaper article which discusses BATSON challenges to an attorney's peremptory strikes of jurors.  If there is an objection to a strike as being racially-motivated, the striking lawyer must establish a race-neutral basis for striking that juror.


The fact relevant to this blog is that it is alleged that during a break the juror's were discussing this issue, thereby violating the judge's admonition not to discuss the case:


http://www.tennessean.com/story/news/crime/2016/04/25/nashville-jurors-objection-race-leads-new-trial/83290360/

The Unusual Precaution of Sequestration During an Entire Trial: Being Cut Off From All Media

Jurors are usually not sequestered during deliberations, but if sequestered then only during deliberations.  I have seen it suggested that jurors be sequestered during the entire trial, not just deliberations, to prevent violations of the court's orders not to do Internet research or discuss the case on social media.  Here is an article about life for jurors so sequestered:


Linkhttp://www.tennessean.com/story/news/local/davidson%20/2016/04/15/life-sequestered-juror-vanderbilt-rape-case/82993214/

In Widely-Followed NY Trial, Juror Fails to Disclose Father Went to Prison; Also Fails to Disclose Pre-trial Anti-Police Posts on Social Media; Conviction in Jeopardy

Former NY police officer was convicted of manslaughter.  The juror lied during voir dire about any family members having been accused of a crime.  He also posted anti-police comments on social media prior to trial.  Some speculate that he really wanted to serve on the jury.  Defense counsel are seeking a new trial. 


LINK:  http://www.nytimes.com/2016/04/14/nyregion/juror-imperils-conviction-of-peter-liang-ex-officer-in-brooklyn-killing-of-akai-gurley.html?emc=eta1&_r=2

MN Judge Did Not Err in Immediately Excusing Juror Drunk During Deliberations

In a decision reported March 14 the Minnesota Court of Appeals found that a MN judge did not err in not sua sponte excusing a drunk juror during deliberations who had also been disruptive during lunch at a restaurant.   The criminal defendant's counsel chose to ask the court to dismiss the jury for the day.  This occurred and the juror deliberated the next day and the defendant was found guilty and appealed.  This case also raises the question of how much inquiry the judge can make of the juror without first offering the juror the opportunity to consult an attorney before incriminating herself for contempt of court for being drunk at court.

Is Criminalizing Juror Misconduct the Only Solution?

Here is a link to a thought-provoking article about criminalizing juror misconduct related to social media.  The author states that deterrence is the primary goal, but comments at the end on the various objections to this approach:


1.  It impedes the trial judge's ability to inquire into the misconduct; the alleged "bad juror" can refuse to incriminate themselves by responding to the judge's inquiry.


2.  Judges are resistant to the legislature intruding in the court's province, the courtroom.


3.  Jurors will be even more discouraged from even showing up for jury duty.


The article is short and worthy of reading.


http://scholarship.law.nd.edu/cgi/viewcontent.cgi?article=1762&context=ndjlepp

Florida Supreme Court Rules Drunk Juror Should Not Have Been Jailed

Here is the link.  Basically the juror should not have been found in DIRECT contempt of court.


http://www.palmbeachpost.com/ap/ap/florida/florida-supreme-court-sides-with-drunk-juror/nqnGW/

New Report From NY State Bar Association on Social Media Jury Instructions

http://www.nysba.org/Sections/Commercial_Federal_Litigation/Com_Fed_PDFs/Social_Media_Jury_Instructions_Report.html

Juror Who Lied During Voir Dire May Be Charged with Felony

A mistrial resulted from a juror's failure to disclose during voir dire that she was the victim of sexual assault.
She may now be charged with a felony.
LINK:  http://bismarcktribune.com/news/state-and-regional/juror-in-mistrial-of-west-fargo-teacher-s-sex-case/article_866398a5-94e1-58f6-8e6d-8c6e434d4afe.html

Googling Juror Causes Mistrial

http://www.courts.ca.gov/opinions/nonpub/G049353.PDF