Friday, November 30, 2018

Tuesday, November 6, 2018

After Trial, Juror Sends Victim "Virtual Hugs"

The MN Court of Appeals upheld the trial judge's denial of a Schwartz (post-trial juror misconduct)hearing after it came to light that a juror, after the trial, apparently being enamored with the attractive victim of the crime, sent the victim a text message that he was sending her "virtual hugs".  The juror allegedly got the phone number of the victim off a piece of evidence.  In a word: creepy.

Friday, May 4, 2018

ABA Article on Lawyers Searching Potential Jurors on Linked-In

Generally it is not unethical for lawyers to search for public information on jurors through Linked-In, but searching for private information or attempting to connect with a juror is unethical.  Lawyers should check their state's rules in this area as states differ on their rules.


https://abaforlawstudents.com/2018/05/01/is-it-ethical-for-lawyers-to-use-linkedin-to-research-jurors/

Friday, April 27, 2018

New Trial Granted Due to Racially-Biased Comments by One Juror in Minnesota Federal Trial

Deja Vu: Facebooking Jurors Cause a Reversal of a Murder Conviction

This time it's in Iowa.  A murder conviction was reversed by the appellate court due to prejudice to the defendant from contacts on Facebook some of the jurors had both before and during deliberations. Pre-deliberations one juror discovered that one of the defendant's relatives was her Facebook friend.  During deliberations a juror shared that on Facebook there were posts about rumors that there would be a riot or violence if the defendant was not found guilty of something.
LINK: https://cdn.radioiowa.com/wp-content/uploads/2018/04/Christensen-opinion-PDF.pdf

Friday, April 20, 2018

Friday, March 23, 2018

Juror Playing Games on Phone During Deliberations Held in Contempt

Just like paying attention to the professor in class (and obeying the judge's instructions)  failing to engage in jury deliberations by playing games on one's phone can result in contempt of court.
http://www.bbc.com/news/uk-england-cumbria-43490590

Friday, February 23, 2018

In Rare Cases Voir Dire May Be Closed to the Public

Here is a link to a recent trial in which, for the privacy concerns of potential jurors, voir dire (jury questioning) was closed to the public. The original conviction was reversed for juror misconduct.  The trial judge must make specific findings that closure is justified. 
https://www.gjsentinel.com/news/western_colorado/interviews-of-prospective-blagg-jurors-closed-to-public/article_94c11180-179e-11e8-96c9-10604b9f1ff4.html

Friday, February 9, 2018

Trial Court Needs to Investigate Colorable Claim of Extraneous Influence on a Juror

Here is another case of a trial judge failing to investigate further alleged possible extraneous influence on a juror or juror misconduct during a trial:
http://www.opn.ca6.uscourts.gov/opinions.pdf/18a0025p-06.pdf

Friday, February 2, 2018