New Trial Denied on Appeal: Jurors Found Not Credible and Designated Alternates

The Ohio Court of Appeals declined to grant the defendant a new trial wherein it was alleged that a discussion about the case during a break between 2 jurors was overheard by a public defender not involved in the trial.  The judge and counsel interviewed the 2 jurors, but the court declined the defense's request to interview all jurors.  The judge determined that the jurors were not credible so they were designated as alternates.  Thus, they did not participate in deliberations.  In my experience most judges advise the lawyers prior to the beginning of the trial who will be the alternates, for example, the last 2 jurors seated by not stricken or excused.  Seems unusual for the judge to decide during the trial who will be the alternates.  https://www.supremecourt.ohio.gov/rod/docs/pdf/11/2022/2022-Ohio-433.pdf

Juror Punching Himself in the Face During Deliberations Was Properly Dismissed

 On 2-2-23 the Washington Supreme Court reversed its Court of Appeals and upheld the trial court's dismissal of a juror who became overwrought and punched himself in the face shortly after deliberations began.  Jurors reported they were uncomfortable being in a small room with this juror during further deliberations. No one wanted to sit by him.  The trial judge determined that the jurors conduct "affected the jury's process of deliberating freely" (jurors were worried about speaking freely, afraid his behavior would reoccur) and he was dismissed.   The juror and 2 others were interviewed by the judge.  The jury then convicted the defendant on 2 felony counts.  There is lengthy discussion in the opinion and concurrence showing the difficulty in deciding whether to discharge a deliberating juror when the state has a heightened evidentiary standard for a juror accused of nullification, refusing to follow the law, or refusing to deliberate.  The trial judge found the heightened standard did NOT apply and the Supreme Court agreed.

State v. Norman, No. 100777-9 (Feb 2, 2023)

Update: Court Grants Motion for New Trial in Penalty Phase Due to Juror Misconduct

 In the Peter Avsenew double murder trial the defense alleged juror misconduct and in November moved for a new trial in the penalty phase. (this updates 11-25-22 posting). The jury had found him guilty in a second trial (first conviction tossed on appeal) and sentenced Avsenew to death.  The jury foreperson admitted to watching a documentary about the case during the period that the jury was deliberating the penalty.  Another juror admitted to doing outside research.  The penalty phase will start anew late 2023.

Fear of Losing Job Not a Valid Excuse for Release From Jury Duty

 It is a reality of impaneling a jury that many prospective jurors prefer not to serve for fear of losing their job.  However, federal law provides that in federal court "no employer shall discharge, threaten to discharge, intimidate or coerce any permanent employee by reason of such employee's jury service...in any court of the United States."  28 U.S. Code Sec. 1875.  Many states have similar protections.  Penalties for violations are severe.  States differ on whether the employer must pay the employee during jury service.  Example: Mass. law requires full pay for first 3 days of jury service.  Refer to www.paycor.com.  

Juror Misconduct in Alex Murdaugh Murder Trial: Juror Discharged for Conversations with Non-jurors About Trial

 As closing arguments were about to begin today (3-2-23)  in the Alex Murdaugh murder trial in South Carolina, a juror was discharged for misconduct for discussing the case with 3 non-jurors.  Though the juror denied having done so when interviewed by state agents and the judge, those she spoke to testified under oath about the conversations.  Judge Clifton Newman stated, "Though it does not appear the conversations were that extensive, it did involve the juror offering her opinion on evidence received up to that point in the trial."  Five jurors have been dismissed over the course of the 6-week trial for medical issues and only one alternate juror remains.  

Laughter ensued when the dismissed juror said she wanted to get a dozen eggs she left in the jury room.