Defense counsel in the Whitmer kidnapping federal trial has filed an allegation that one of the sitting jurors told coworkers she wanted to serve on the jury, had prejudged the case and wanted a particular result. The lawyer's filing was made after the second day of trial and was briefly available but since sealed. The trial judge has indicated that an in-chambers (in camera) questioning of the juror will occur without defendants or attorneys present. Their request to be present was denied. I will update this post as matters progress. However, it is a red flag as the in-chambers questioning could be found by an appellate court to be a crucial stage of the proceedings at which the defendant must be allowed to be present. Stay tuned.
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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