Friday, April 7, 2023

Trial Court Denial of Forensic Examination of Juror's Phone Upheld

 Updating 7-29-22 posting: In September 2022 the 6th Circuit Court of Appeals upheld the trial court's refusal to order a forensic examination of a juror's phone.  The juror was on her phone posting on Facebook during deliberations including photos of fellow jurors.  Deliberations ultimately resulted in the conviction of the former Cincinnati city councilman of attempted extortion and bribery.  The appellate court had concerns over the jurors' privacy, constitutional rights and willingness to serve.  The trial court had determined that the postings did not indicate the juror was affected by outside influences.  The postings during jury selection and deliberations were private and viewable only by her friends. 


https://www.opn.ca6.uscourts.gov/opinions.pdf/22a0220p-06.pdf



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