JURORS BEHAVING BADLY

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.

Wednesday, June 18, 2025

Judge in P Diddy Trial Gives Stern Warning About Violations of Gag Order

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 On June 16 the presiding judge in the P Diddy trial dismissed a juror (Juror #6) for inconsistencies ("lack of candor") in the ju...
Friday, April 11, 2025

New Mexico Supreme Court Stayed Defense Motion to Question Juror for Bias Post-Verdict

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 The New Mexico Supreme Court has stayed all district court proceedings in a case in which defense counsel, in a post-trial motion, seeks to...
Monday, April 7, 2025

Federal Juror Sentenced to 30 Days in Jail In Guam for Contempt of Court

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 On 2-4-25 a former federal juror in Guam was sentenced to 30 days in jail, plus a year of supervised release, fines and restitution, for co...
Saturday, February 22, 2025

What Are Jurors to Think When DEI Being Eliminated by WH?

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 The black head of the Joint Chiefs of Staff and the Naval Chief, a woman, were just fired by the President in the ongoing elimination of DE...
Thursday, February 13, 2025

Raising Juror Compensation May Increase Participation

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 The National Center for State Courts issued a 2022 report on jury compensation in the 50 states, the average being $16 for the first day of...
Friday, January 17, 2025

"Judging Juries" documentary to be Re-screened

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 See my Oct. 30 posting.  A free screening of "Judging Juries" will be repeated on January 23 from 3:00-4:30 pm ET.  It addresses ...
Wednesday, January 15, 2025

Jury Nullification Related to Desire for Revenge?

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 An article in The NY Times on January 14, 2025, "Revenge Is a Dish Best Served From the White House," quotes from a forthcoming b...
Monday, January 13, 2025

"Bursting the Jury Bubble" article by Pittsburgh Lawyer

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 In the January 2025 issue of The Pennsylvania Law Quarterly is attorney John P. Gismondi's article, "Bursting the Jury Bubble:The ...
Friday, December 20, 2024

Juror Doing Crossword Puzzles and Heated Deliberations Result in Florida Mistrial

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 In November a Pensacola, Florida, judge granted a mistrial in a murder case, in part, because a juror (age 80) that was warned not to do cr...
Friday, December 6, 2024

Boston College Law Review Addresses Jury Experimentation, the Right to Fair Trial and Traditional "Black Box" Nature of Jury Deliberations

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 In the most recent issue of the National Center for State Courts Jur-E Bulletin there is a summary of a Boston College Law Review article, ...
Thursday, November 7, 2024

Two Jurors in Louisiana Criminal Trial Jailed for Contempt

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 In August 2024 in St. Mary's Parish, Louisiana, a juror in the sexual abuse trial failed to appear for jury duty for the second day of ...
Wednesday, October 30, 2024

Webinar Addresses Role Low Juror Compensation Plays in Non-Diverse Juries

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 The National Center for State Courts in its webinar showed the film "Judging Juries" (2023) which addressed the widespread absenc...
Friday, October 18, 2024

Webinar on Jury Service and Financial Fairness

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 On October 30, 2024, 3:00-4:15  pm ET, the National Center for State Courts is hosting a webinar on jury service and financial compensation...
Wednesday, October 9, 2024

Must Jurors Be Truthful During Jury Selection?

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 The obvious answer is "of course!"  But this question shows up frequently in word searches in Google.  The entire British and Ame...
Monday, October 7, 2024

"Facebooking" Australian Juror Fined $15,000 After Misconduct Leads to Stalking of Victim

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 An Australian juror in a rape trial revealed details of the case (including the victim's name and details about deliberations) in which...
Friday, October 4, 2024

Juror in Scottish Trial Fined For Googling Floor Plan of Crime Scene

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 The BBC reports that a juror in an Edinburgh rape trial "Googled" a floor plan similar to the crime scene and was found in contem...
Thursday, October 3, 2024

Recent Report Surveying Jurors' Experiences Not Surprising

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 Over the years I have frequently posted about frustrations that jurors have with their experience with the judicial system, while generally...
Monday, June 3, 2024

Mystery Woman Tries to Bribe Sitting Juror With $120K in Bag

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 On June 2 a woman drove up to a sitting juror's home in suburban Minneapolis and dropped off a bag of $120,000 in cash and left her a m...
Friday, May 17, 2024

Jurors May Consider Their Own Life Experiences in Analyzing Evidence But Not Share Specialized Knowledge

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 Jurors are not robots (or AI) therefore they are not expected to disregard all of their life experiences in analyzing the evidence.  To do ...
Thursday, May 16, 2024

Using Geofence to Discover Juror Social Media Activity Requires Warrant

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 I discovered that a company selling software for social media searches published in a blog that an inquiring law enforcement should use sof...
Friday, May 3, 2024

Jurors Must Not Deliberate Until So Instructed By Judge

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 Standard instructions to the jury prior to the hearing of evidence include that they must not discuss the case among themselves until after...
Friday, April 26, 2024

Not Every Failure to Disclose by Juror is Grounds for Mistrial

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 I have discussed in other posts the need for the jury questionnaire to use laymen's English, not legalese.  Likewise, questions must be...

Jurors in High-Profile Cases Face Unique Challenges

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 An excellent article in the Washington Post on 4-18-24 was written by columnist Philip Bump about his own experience as a juror in a high-p...
Sunday, April 21, 2024

Are Anonymous Jurors Really Anonymous?

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 In high profile criminal trials judges will often order that the identities of the jurors shall remain anonymous.  If a party or attorney d...
Friday, April 12, 2024

Another "Sleeping Juror" Case

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💤😴 A few days ago in western Wisconsin a criminal trial was ongoing against a defendant who allegedly stabbed to death another at the Appl...
Thursday, March 28, 2024

British Solicitor Suspended From Practice of Law for Misconduct as Juror

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 Even lawyers serving as jurors can suffer serious consequences for Internet research in violation of the judge's orders.  In March 2021...
Wednesday, March 27, 2024

The Financial Burden of Jury Duty

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 One aspect of jury duty of which I was always concerned was the financial strain of a lengthy trial many citizens..  Most of the trials I p...
Tuesday, March 5, 2024

The Juror Who Found Herself Guilty

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 This is the title of an amazing article by Michael Hall in the February 2024 issue of TEXAS MONTHLY about a jury in December 1990 that wron...
Saturday, March 2, 2024

Juror Sentenced to Maximum 179 Days in Jail and $500 fine

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 To update Dec 15, 2023, post, the juror arrested for misconduct in the Okafor resentencing trial was herself sentenced to the maximum allow...
Friday, February 23, 2024

Another Juror Dismissed in Young Thug Trial

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 Another juror has been dismissed from the Young Thug trial as she is moving out of Fulton County, Ga., where the case is being tried.  The ...
Thursday, February 22, 2024

Judge Finds Defense Counsel Failed to Prove Juror Misconduct

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 January 3, 2024:  A Florida judge found that defense counsel failed to prove juror misconduct in a trial in which a jury awarded the Kowals...
Friday, February 9, 2024

"The Uncharted Wilds of the Internet" Cited by DA in Young Thug Trial

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 The prosecutor in the Young Thugs trial dropped their motion to ban cameras in the courtroom for the safety of witnesses.  However, they wi...
Wednesday, January 10, 2024

More.Drama at Young Thug Trial: Zooming Participant Shouts

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 Today, January 10, a Zooming participant in the trial shouted "Free Thug Mistrial" when a break was beginning.  One can only wond...
Friday, December 15, 2023

Juror Jailed and Held in Contempt of Court

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 Orange County FL:  In October in the Okafor death penalty resentencing phase a juror admitted she spoke to a friend who knows the victim da...
Monday, December 11, 2023

Young Thug Trial Drama Continues

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 Friday December 8 the trial was delayed as a juror arrived 90 minutes late.  The judge reiterated that the jurors should remain off social ...
Friday, December 8, 2023

Drama and Security Issues Continue in Young Thug Trial.

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On Wednesday a juror told the judge that during a recess she saw a LIVE STREAM of herself on social media.  The judge suggested to the jury ...
Monday, December 4, 2023

Judge Informed That Faces of Jurors in Young Thug Trial have Been Posted on Internet

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 Per a posting on Instagram (reliability unconfirmed) photos of the jurors have been posted on the Internet, however the judge did not want ...
Monday, November 27, 2023

Young Thug RICO Trial in GA begins

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 When I mentioned jury selection had hit 4 month mark it was July 17.  Here we are 4+ months later (total actually nearly 10 months per CNN)...
Monday, November 13, 2023

Safety of Grand Jurors in Fulton County GA at Risk as Identities Revealed

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 CNN reported in August 2023 that the names, addresses, and photos of grand jurors in the Fulton County GA indictment of President Trump and...
Thursday, October 26, 2023

Graduated punishment for contempt of court

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 If a juror, lawyer, witness, or spectator violates a judge's order or interferes with the trial in the immediate view of the judge, the...
Friday, October 13, 2023

Update to Judicial Discipline of Mid-trial Texting by Judge

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 To update my July 27 post, an Oklahoma judge is facing a judicial discipline petition following an investigation of her texting and using s...
Friday, September 29, 2023

Will Cameras in the Courtroom in Trials of Trump and Co-conspirators Raise Risk of Juror Misconduct?

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 Renee Loth writes in The Boston Globe that the trials of Donald Trump should be televised as it will lead to greater acceptance by the pub...
Thursday, July 27, 2023

Oklahoma Judge Accused of Texting and Searching Social Media During Murder Trial

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 I may need to change the title of this blog to jurors AND JUDGES behaving badly: https://nypost.com/2023/07/27/oklahoma-judge-traci-soderst...
Monday, July 17, 2023

Georgia Trial Jury Selection Hits Four Month Mark As AWOL Juror Hears Consequence

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 As an update to May 15 post, the RICO trial of gang members continues to have issues with potential jurors behaving badly.  Jury selection ...
Friday, June 30, 2023

Sequester Jurors During Trial of Former President?

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 Referring you to my post dated 12-17-22, in light of alleged threats against the federal prosecutor and his family, should jurors in any tr...
Wednesday, June 21, 2023

Federal Appeals Court Critical of Trial Judge for Failing to Investigate Juror Bias

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 The Fifth Circuit Court of Appeals found that the trial court in U.S. vs. Gemar abused its discretion by failing to investigate juror bias ...
Saturday, June 17, 2023

Juror Sharing Newspaper Articles About Defendant with Fellow Jurors Results in Mistrial

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 In Wichita, Kansas, on 4-26-23 the judge declared a mistrial in the Javan Ervin first degree murder trial after it was determined a juror h...
Wednesday, June 14, 2023

Soliciting Comments from You

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 I have had this blog for nearly 12 years with very few comments.  If you find the posts interesting, not interesting, lacking in something,...
Tuesday, June 13, 2023

Arrogant and Threatening Laughing Spectator Jailed

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A spectator who had pointed and possibly intimidated jurors in a lengthy British trial was represented by counsel when his punishment for co...
Monday, June 5, 2023

Once Again, Jurors Do Not Lose Constitutional Rights When They Report for Duty

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 In North Carolina in October 2022 a judge found a juror in contempt of court for violating the judge's personal requirement that juror...
Monday, May 29, 2023

Juror Jailed for Internet Research of Defendant

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 As reported by the BBC 2 days ago, a British juror was sentenced to 6 months in jail for "blatant" disregard of the judge's i...
Monday, May 15, 2023

Jail for Juror Recording Jury Selection on Phone

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This is the second incident of juror misconduct in the Young Thug RICO trial in a Georgia court.  In January a juror failed to return when r...
Wednesday, May 10, 2023

CARROLL-TRUMP Trial Judge Suggests Jurors Preserve Their Individual Anonymity and More

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 At the conclusion of a jury trial a judge will usually thank the jurors for their service and contribution to the administration of justice...

LinkedIn Posts and Selfies by Juror in Trial of Former Florida Candidate for Governor

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 Andrew Gillum, former candidate for Florida governor was found not guilty of lying to FBI this week.  The jury was deadlocked on all other ...
Friday, April 28, 2023

Anonymous Jurors In "Carroll v. Trump" Warned Not to Disclose Their Names to Fellow Jurors

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 Judge Lewis Kaplan in " Carroll v. Trump" has ordered an anonymous jury and special transportation of jurors with security detai...
Friday, April 7, 2023

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

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 Updating 7-29-22 posting: In September 2022 the 6th Circuit Court of Appeals upheld the trial court's refusal to order a forensic exami...
Wednesday, March 29, 2023

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

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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...
Sunday, March 19, 2023

Juror Punching Himself in the Face During Deliberations Was Properly Dismissed

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 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 overw...
Saturday, March 18, 2023

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

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 In the Peter Avsenew double murder trial the defense alleged juror misconduct and in November moved for a new trial in the penalty phase. (...
Wednesday, March 15, 2023

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

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 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 p...
Thursday, March 2, 2023

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

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 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 mi...
Wednesday, February 22, 2023

Some Jurors in Sensational Cases Want to Be Media Stars

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 Without mentioning names, the foreperson in a grand jury probe is being criticized by some pundits for giving interviews on national media ...
Friday, February 17, 2023

Jurors Don't Forfeit Constitutional Rights at Courtroom Door

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 I have written before that jurors accused of misconduct do not forfeit their constitutional rights at the courtroom door.  Some stories in ...
Wednesday, February 8, 2023

Discharging a Juror During Deliberations Is a Delicate Matter

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 The purpose of voir dire is not to select the best jury but rather to uncover jurors that may be unwilling or unable to perform their dutie...
Monday, February 6, 2023

Stranger Than Fiction: Dr in Rape Trial Disguises Himself to Tamper With Jury

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 I learned from almost 20 years as a judge every day something crazy could happen that I'd never seen before.  I came across a 2017 news...
Thursday, January 19, 2023

Chauvin Appeal Argues Juror Lied on Questionnaire About Involvement in Protests

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 In briefs to the Minnesota Court of Appeals Derek Chauvin's lawyers argue again that juror Mitchell lied in answering "no" to...
Wednesday, January 11, 2023

Alleged Juror Misconduct During Boston Marathon Bomber Trial Raised on Appeal

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 Tsarnaev was convicted in the deaths of 3 people at the 2013 Boston Marathon and sentenced to death.  This sentence was reinstated by the S...
Tuesday, January 10, 2023

Defense Attorneys Seek Investigation of Social Media Post Possibly Made by Juror

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 Aaron Dean, a police officer, was convicted of manslaughter in the 2019 shooting death of Atatiana Jefferson during a welfare check.  The T...
Tuesday, December 27, 2022

A New Threat to Your Next Jury Trial: Fake Jurors

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 Fake electors have been in the news for almost 2 years, threatening our democracy.  In October during the Darrell Brooks homicide trial a n...

No Juror Misconduct Warranting New Trial in Scott Peterson Murder Case

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 On December 20, 2022, a California judge denied the defendant's habeas corpus petition for a new trial, finding that juror 's respo...
Saturday, December 17, 2022

The Case for Sequestering the Jury During Entire Murder Trial

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 In posts on 6-11-12 and 7-18-13 I discussed the high cost of sequestering a jury for an entire trial.  Given the high number of mistrials a...
Friday, December 16, 2022

Rape Trial of Australian Parliament Member Mistried After Juror Conducted Research

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 On October 27, 2022, the trial of an Australian member of Parliament was abandoned after court staff discovered that a juror had done Inter...
Wednesday, November 30, 2022

Should Jurors Be Allowed to Take Notes on an Electronic Device?

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 A post on January 6, 2012, here discussed the need for the judge to anticipate that a juror may want to use a laptop or iPad to take notes ...
Friday, November 25, 2022

Florida Juror Hearing Death Penalty Phase Interviewed by Judge About Watching Documentary About First Trial

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 November 21, 2022:  In Broward County, Florida, a juror hearing the death penalty phase of the murder trial of Peter Avsenew is accused of ...
Monday, November 21, 2022

Judge Has Wide Discretion in Excusing Jurors from Serving

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 As a judge I heard many reasons why jurors did not want to serve or were worried about their ability to be fair and unbiased.  A common que...

Not for the First Time, a Juror Speaks to His Priest About Case and is Excused from Deliberations

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 In the Kristin Smart murder trial of Ruben Flores in Monterey County, CA, a juror went to confession before her priest and asked for spirit...
Tuesday, November 15, 2022

Presiding Judge Should Act Cautiously When Considering Contempt for Juror Misconduct

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 A number of the posts over the past 11 years have been about judges finding a juror in contempt of court and either fining them or sending ...
Monday, November 14, 2022

Virginia Double Murder Conviction Vacated Due to Juror Experimenting with Rifle Use for Suicide

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 On November 9, 2022, a double murder conviction (March 2022)  in Fairfax County, Virginia, was vacated by the trial court due to a juror ha...
Wednesday, October 26, 2022

With New Covid Variants Expected, Judges Should Consider Response to New Mask Mandates

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 As I am now retired I feel I can share a couple of personal experiences during my last few months on the bench related to Supreme Court-ord...
Monday, October 24, 2022

Flirting Juror Dismissed In Michigan Gov Kidnapping Trial; Skittles at Issue

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 On October 14, 2022, the judge in the trial of Paul Bellar, accused of plotting with others to kidnap the Michigan Governor, dismissed a ju...
Wednesday, October 19, 2022

City of Omaha Hit With $700,000 Verdict Seeking New Trial

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 A former Omaha Police Captain sought damages for wrongfully being passed over for promotion due to her past allegations of sexual harassmen...
Saturday, October 15, 2022

Parkland Trial Death Penalty Phase: Juror Claims Threat By Another Juror

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 Deliberations in the Parkland Murder Trial in Florida on October 13 ended in a 9-3 vote for a life sentence rather than death for Nikolas C...
Tuesday, October 11, 2022

When First Trial Ends in Mistrial, Should Jurors Remain Under Oath of Confidentiality?

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 Elkmont, Alabama:   In September the trial of a teen accused of killing 5 family members ended in a mistrial when the FBI was finally able ...
Tuesday, September 27, 2022

New Trial Warranted Where RN Juror Described Personal Experiences in the ER In Med-Mal Trial Deliberations

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 Wobbler v. Kamath, California Court of Appeals (August 12, 2021) A159347: The trial court dismissed an RN juror, seated an alternate juror,...
Wednesday, September 7, 2022

The Importance of Plain Language in Questioning Jurors

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 In a 2016 NY case a juror was asked if any of his "close relatives" had ever been charged.  He said no, but after the trial it wa...
Thursday, September 1, 2022

Update to August 14 Post: Whitmer Kidnapping Trial Juror Allowed to Remain

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 Barry Croft and Adam Fox were convicted on August 23 in the Whitmer kidnapping trial.  Within hours the trial judge released the documents ...
Thursday, August 18, 2022

IS IT REALISTIC TO EXPECT JUROR'S TO OBEY JUDGES' ADMONITIONS?

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 Is it realistic for the court to expect jurors to comply with the instructions about not discussing the case on social media or conduct Int...
Sunday, August 14, 2022

Possible Mistrial Motion by Defense Concerning Juror Misconduct in Michigan Governor Kidnapping Conspiracy Trial

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Defense counsel in the Whitmer kidnapping federal trial has filed an allegation that one of the sitting jurors told coworkers she wanted to ...
Tuesday, August 2, 2022

Observations About In-court Jury Trials and Remote Hearings During Covid

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 Once jury trials resumed in 2021 there were many challenges facing the courts.  Some jurors were reluctant or even refused to come to the c...
Friday, July 29, 2022

As Jury Trials Resumed as Covid Abated, Jury Misconduct Continued In Familiar Ways in Some High-profile Cases

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During the approximately 18 months that many jurisdictions paused from conducting jury trials there was nothing to report here. Since jury ...
Wednesday, April 27, 2022

I'm Back

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I have reached mandatory retirement age in Minnesota so I have retired. I will be continuing this blog in the near future.
Wednesday, October 27, 2021

SUDOKU-PLAYING GETS JUROR DISMISSED

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The trial of Theranos founder Elizabeth Holmes took a strange turn recently when a juror was discovered playing Sudoku during the trial, all...
Friday, July 16, 2021

Juror Found in Contempt and Fined over $11,000

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A federal judge in New Jersey has found a juror in contempt of court for violating the judge's instructions not to do research during th...
Friday, April 23, 2021

Judges Should Not Disregard Affidavits Alleging Juror Misconduct

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As stated previously, judges risk mistrial on appeal (and retrial of the case)if they disregard allegations of juror misconduct. It is imp...
Wednesday, November 25, 2020

Due to Pandemic, Jury Trials in Many States Postponed, Mistrials in Other Trials that Were Started

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https://minnlawyer.com/2020/11/24/jury-duty-no-thanks-say-many-forcing-trial-delays/
Friday, November 6, 2020

Jurors Behaving Self-Centered: Fed. Judge to Excuse Anti-masking Jurors

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A federal judge in Georgia has announced that any jurors in the jury pool who refuse to wear masks will be excused from the jury pool. Sorry...
Friday, September 25, 2020

Zoom Jury Trials Face the Risk of Hacking

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Friday, April 24, 2020

Post-Covid Courts: Where Do We Go From Here?

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In Minnesota committees of judges and court staff are considering how to address the thousands of backlogged cases arising since the courts...
Tuesday, March 10, 2020

Juror Dismissed From Federal Leaker Case

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Buried in an article in the Wall Street Journal today about a hung jury in the criminal trial of a former CIA employee, Joshua Schulte, who...
Friday, January 31, 2020

One Judge's Opinion: Juror Misconduct Threatens Justice

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Link: https://libn.com/2020/01/14/prudenti-juror-misconduct-is-a-threat-to-criminal-justice-system/
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