Zoom Jury Trials Face the Risk of Hacking

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

In Minnesota committees of judges and court staff are considering how to address the thousands of backlogged cases arising since the courts effectively closed with few exceptions.  Here is a link to a story about a federal judge who paused a jury trial and before resuming it is polling jurors as to their virus concerns should the trial resume:


https://www.law360.com/trials/articles/1265533/jury-in-paused-hacking-trial-to-be-polled-on-virus-concerns?nl_pk=cefc1377-7f29-477c-92de-8ebee6ee3d0f&utm_source=newsletter&utm_medium=email&utm_campaign=trials

Juror Dismissed From Federal Leaker Case

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 allegedly stole secrets and gave them to Wikileaks, is this reference:


"...one (juror) was dismissed during deliberations last week for reading news coverage of the case..."


The federal government must be concerned that it is spending millions to prosecute serious (El Chapo and Tsarnaev) criminals and lesser (Schulte) criminals only to be possibly thwarted by juror misconduct.  It's a serious problem in federal and state courts and seems to be continuing unabated.

One Judge's Opinion: Juror Misconduct Threatens Justice

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

Followup to Sept 16 post: NY's Highest Court Blasts Internet-Researching Jurors

The highest appellate court of New York has soundly criticized the bad-acting jurors who research on the Internet during trial in violation of the trial judge's admonitions.  Here we go again!  Murder conviction thrown out!  Retrial to great expense of all parties and anguish for witnesses.


https://www.nytimes.com/2019/10/31/nyregion/robert-neulander-wife-murdered.html

Murder Conviction Tossed-Juror had texted 7,000 times during trial

Judges often comment about stuff that happens in the courtroom:  you can't make this stuff up.  Human behavior is limitless in the crazy things people do.  Like the guys peering into Old Faithful at Yellowstone Park despite all the warning signs- it's a federal crime!  So no one should be surprised that a juror texts 7,000 times during trial, the defendant is convicted and the conviction is reversed on appeal by the intermediate appellate court in New York.  It is now before NY's highest appellate court.


https://www.newsday.com/news/region-state/robert-neulander-juror-texting-court-of-appeals-1.35890070

What is a "Rogue Juror?"

A "rogue juror" applies their own specialized knowledge and experience when rendering a verdict rather than analyzing the evidence.  Here is the appellate decision:


http://www.courts.ca.gov/opinions/documents/B285482.PDF

Self-described "Stupid Old Fool" Juror Gets 8 Months in Jail for Internet Research

One would think the message has gotten around to the public that ignoring a judge's admonitions about jurors discussing trial service on social media or doing Internet research can result in fines and/or jail time. But, oh no, here's another:


https://www.dailymail.co.uk/news/article-6891529/Stupid-old-fool-65-jailed-doing-background-research-complex-criminal-trial.html

Defense Attorneys for El Chapo File Motion for Retrial

The lengthy and extremely expensive trial of El Chapo may have to be retried.  Defense attorneys have filed a motion for a new trial due to juror misconduct during the trial.
Link:https://www.rollingstone.com/culture/culture-news/el-chapo-retrial-jury-misconduct-investigation-813433/

El Chapo Trial May Involve Juror Misconduct

In perhaps the most important federal criminal prosecution in years, juror misconduct may have occurred:


http://e.startribune.com/Olive/ODN/StarTribune/shared/ShowArticle.aspx?doc=MST%2F2019%2F02%2F24&entity=Ar01502&sk=A293F31E&mode=text

A Case of Sheriff Behaving Badly: Snooping at Defense Counsel Notes and Jurors During Trial Results in Dismissal of Charges

This is quite astonishing:



https://www.seattletimes.com/seattle-news/san-juan-sheriffs-use-of-courtroom-camera-to-view-jurors-notebook-lawyers-notes-sparks-outrage-and-dismissal-of-criminal-case/

Prospective Juror in Criminal Case Causes Mistrial

Judge acknowledges that prospective jurors should be instructed not to do Internet research once jury selection starts. Here it caused a mistrial..
Link
https://www.wacotrib.com/news/courts_and_trials/mclennan-county-justice-delayed-in-two-trials/article_003b49e4-93af-5fb9-a6af-389d5852db33.html

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.

Thorough Inquiry of Jurors Often Nececssary If Outside Influences May Have Affected Deliberations

Here is a Minnesota case just issued dealing with an issue I have addressed before in this space:
http://mncourts.gov/mncourtsgov/media/Appellate/Court%20of%20Appeals/Standard%20opinions/OPa171237-082018.pdf

100 Years Ago: The Jurors Drank the Evidence

http://www.spokesman.com/stories/2018/may/22/100-years-ago-in-spokane-male-jurors-drink-evidenc/

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/

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

http://m.startribune.com/north-minneapolis-man-granted-new-trial-after-evidence-federal-juror-made-racial-remarks/481007841/?section=%2F

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

British Juror Gets Suspended Jail Sentence for Internet Research

Once again, a juror is sentenced to jail, though a suspended sentence, for violating the judge's instructions by doing Internet research.
Link:
http://www.guardian-series.co.uk/news/16164599.Juror_avoids_jail_after_internet_research_of_case_forces_retrial/

Jurors Sometimes Violate Social Media Admonitions Because Judges' Instructions Confuse Them

https://www.economist.com/news/books-and-arts/21740393-legalese-used-their-instructions-can-be-baffling-it-neednt-be-too-often-juries?fsrc=scn/tw/te/bl/ed/toooftenjuriescomprise12confusedmenandwomenjohnson

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

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

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

Juror Who Lied on Questionnaire Spends Day in Jail

A juror boasted to others that he had lied on his questionnaire.  Too bad for him that a prosecutor heard his boast.  Juror found in contempt and spent a day in jail holding.


http://www.post-gazette.com/local/south/2018/01/29/Allegheny-County-direct-criminal-contempt-juror-lied-Daniel-Puhala-Judge-Donna-Jo-McDaniel/stories/201801290097

Juror Jailed For Derogatory Comment About Defendant

http://host.madison.com/news/local/courts/juror-jailed-over-remark-in-sauk-county-child-porn-trial/article_a95bd26d-6fe9-5729-be49-03597a37bde6.html

Habeus corpus granted to convicted defendant where juror brought extraneous social media information to deliberations

Juror in murder trial brought to deliberations Facebook information regarding the defendant's past history and information on an online eulogy for the victim of the murder. Juror also "Googled" gang information regarding gang codes and activity.  Defendant was convicted. Trial judge denied an evidentiary hearing on juror misconduct.  Federal court has granted habeus corpus.  The state must grant a new trial within 90 days of the order or when appellate review becomes final, or defendant must be released.


Link:  http://www.ncsc-jurystudies.org/~/media/Microsites/Files/CJS/Other/Ewing.ashx

When Colorable Claim of Juror Misconduct is Raised, Inquiry of Jurors MUST Occur

The link below is to federal 6th Circuit decision reversing the trial court which failed to itself or permit counsel to inquire of jurors as to a color claim of misconduct affecting the verdict.  Here it was a juror's extraneous communications with a prosecutor (who was not involved in the case).This is but one of several cases in the past few years cautioning trial judges not to ignore claims of alleged juror misconduct but to inquire further through counsel.  (a Remmer hearing) There should not be a race to finality but rather a thoughtful systematic inquiry into what happened and how it may have affected the verdict.


http://www.opn.ca6.uscourts.gov/opinions.pdf/17a0208p-06.pdf

Why Juror Misconduct is So Wasteful and Demands Harsh Consequences

In June a California murder trial was about to begin after FOUR weeks of jury selection and the questioning of hundreds of prospective jurors when juror misconduct was found.  It is unclear from the reports but it appears a juror chosen to hear the case was conducting Internet research in violation of the court's order.  This is a misdemeanor in California.  The trial had to start all over again as a result and the juror (behaving badly) is facing misdemeanor charges.


http://www.vcstar.com/story/news/2017/06/27/judge-declares-mistrial-murder-case-after-finding-juror-misconduct/430576001/

Hilarious Comments From Jurors During Shkreli Trial Jury Selection

https://harpers.org/archive/2017/09/public-enemy/

Jurors Cannot Consider Possible Sentence in Deliberations in Criminal Case

Judges instruct jurors that during their deliberations they cannot consider the possible sentence in determining guilt.  The jurors in this case considered the comments of a juror about possible sentence, including release and credit for jail time already served.  The murder conviction was reversed and a new trial ordered.


LINK:    http://www.courts.ca.gov/opinions/documents/E065257.PDF

Pills Disappear From Jury Deliberation Room During Deliberations

During deliberations the Ohio jury had in its possession 71 oxycodone pills which were evidence admitted at trial.  Sometime during deliberations someone, perhaps when the room was empty, took advantage and stole them.


http://www.dispatch.com/news/20170727/71-oxycodone-pills-go-missing-after-jury-deliberations-in-drug-case

Science for Judges to Consider Relative to Length of Deliberations

A recently-released book by Stulberg and Magness entitled Peak Performance has very interesting information about the science of thinking, performing tasks, burnout, and rest which I think is applicable to jury management.  It has made me think about the significant downside to having jurors sit in a courtroom for several days, if not weeks, then only to spend hours in deliberations, cooped up in a windowless room, away from family and work, with no exercise and crummy meals, and expecting them to make rational decisions.  The book is worthy of a look for trial judges.

Juror Brings Newspaper into Deliberations: Found in Contempt and Jailed

http://www.morningjournal.com/general-news/20170628/lorain-county-juror-sentenced-to-30-days-in-jail-for-contempt

Allowing Any Device in the Jury Deliberation Room Is a Bad Idea

In the Arizona case linked below the trial court allowed a court laptop in the deliberation room for the jury to review certain evidence admitted at trial.  Unfortunately there was a "witness interviews" disk also in the laptop disk drive, evidence not admitted at trial.  The jurors saw the disk but did not view it and contacted the bailiff immediately.  No mistrial was ordered by the trial court and this decision was affirmed.  No harm, no foul.  Still a very bad idea.  I am only familiar with MN procedure where this would not have been allowed.


http://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2017/1%20CA-CR%2016-0240.pdf

Federal Circuit Court of Appeals Remands for Evidentiary Hearing of Issue of Juror's Blogging During Trial Deliberations

A defendant was indicted for wire fraud, however for 2.5 years prior to that the civil litigation against him was the subject of hundreds of comments in a blog, some of which were inflammatory.  Immediately after the verdict of guilty the government lawyers informed defense counsel of blog-post comments from the night before the verdict authored by an anonymous person claiming to have been a juror (#8) in the trial.  See page 10 of the opinion linked below for the juror's posting. 


The court interviewed the juror (#8) and she denied seeing the blog mentioned above or discussing it with other jurors.. The court declined to interview any other jurors.  This was followed by still other posts from alleged jurors about #8's comments.  The trial court declined motions for reconsideration and new trial.  The appeal followed.




The Court of Appeals has remanded the case for an evidentiary hearing.  The moral here:  TRIAL JUDGES MUST THOROUGHLY INQUIRE INTO ALLEGED MISCONDUCT BY JURORS DURING DELIBERATIONS.



U.S. v. Zimny:     http://cases.justia.com/federal/appellate-courts/ca1/15-2144/15-2144-2017-01-24.pdf?ts=1485284403

Study Shows Foreperson's Impact on Jury Decision-making Process

Linkhttps://papers.ssrn.com/sol3/papers.cfm?abstract_id=2966759

Millenial Blows Off Jury Duty, Incurs Wrath of Judge, Goes to Jail

LINK:


http://www.cantonrep.com/news/20170509/stark-judges-stern-message-dont-blow-off-jury-duty

Thank you, Jurors!

The judicial branches thank jurors for faithfully performing their civic duty.
Here is a link to a video about federal jury service.
http://www.uscourts.gov/news/2017/05/02/jury-service-close-highlights-appreciation-week

JURORS GONE WILD BECOMES ISSUE ON APPEAL

All-night party by sequestered jurors becomes issue on appeal.


Link: go to page 76


http://www.ontariocourts.ca/decisions/2017/2017ONCA0273.pdf

Law Review Article on What Texting By Jurors Means to the Courts

This law review article raises few issues not previously discussed in this blog, but the writer does focus on the unique problem of discovering a juror's texting as opposed to a juror commenting on Facebook or Twitter.  He concludes that as to texting the issue is not what the texter sends but rather what they receive via text message.


http://lawreview.syr.edu/wp-content/uploads/2017/03/Vol-67.1-Powers.pdf

Some Things for Trial Lawyers to Consider in Trial

It has always amazed me the way that evidence, even in 2017,  is presented in jury trials in a 20th century way, even with video depositions and digital graphic models.  It is well-documented that individuals learn in a variety of ways: by listening, by seeing, by a combination of the two plus taking notes, by having a dialogue with questions and answers.  I have presided over jury trials where there are few if any maps or photos depicting where and how the incident occurred.  Yet lawyers and judges are shocked when jurors do on-line research at home or even visit the scene of the crime or accident.  Particularly millenials want all of the information to make a reasoned decision and they are used to having it at their fingertips.  They believe they can sift the truth from the untrue online.  Yet judges and lawyers put them "in a box", literally and figuratively, telling them they can only consider what they hear and see during trial in the courtroom.


One of the many possible solutions to reducing the possibility of jurors hitting the Internet for answers is a stipulated trial notebook, maybe a three-ring binder or even a tablet not accessible to the Internet, containing:


Photos and videos
Important paper exhibits
names and photos of witnesses
stipulated facts
glossary of terms and their definitions, such as medical and scientific terms


Jurors want the story....THE WHOLE STORY.  They don't like that the judge and lawyers (who are in an exclusive club) are keeping them from hearing and seeing the whole story.  Jurors want to make a good decision.

Would Allowing Jurors to Ask Questions Solve the Juror Research Problem?

Here is a link to Pa. Judge Turgeon's article:


http://www.ncsc-jurystudies.org/~/media/Microsites/Files/CJS/Other/JF%2017%20Lawyer%20JurorQuestionssm%20(002).ashx

Juror Visits Scene of Crime Resulting in New Trial, Eventual Discharge From Employment for Misconduct as Juror

Here is a link to a VT Supreme Court decision sustaining the dismissal from employment of a state worker who committed misconduct as a juror during a federal capital murder jury trial.  The juror visited the crime scene contrary to the judge's instructions and shared his observations with his fellow jurors.  Five years later he revealed these facts to the defendant's attorneys and signed an affidavit about what he had done.  However, under oath in a post-trial hearing in federal court he denied what he had admitted in his sworn affidavit, thereby compounding his misconduct.   The murder conviction was vacated and a new trial ordered.  News of his misconduct got to his supervisors and he was fired.  He filed a grievance.  His firing was sustained by the VT Supreme Court.


The federal court found this juror had displayed "brazen disobedience, dishonesty, and unwillingness to decide the case based upon the evidence presented at trial."  He was terminated from state employment for gross misconduct related to his fitness to serve as a state employee.


https://www.vermontjudiciary.org/LC/Supreme%20Court%20Published%20Decisions/op16-123.pdf

SCOTUS Hearing Arguments Regarding Racial Bias In Jury Deliberations

Interesting post in SCOTUS blog about arguments before US Supreme Court regarding state law prohibiting defendant from introducing evidence of racial bias within the jury deliberation process.


http://www.scotusblog.com/2016/10/argument-preview-justices-to-consider-racial-bias-in-jury-deliberations/

Attention Trial Lawyers: Jurors Don't Like Your Experts

Link to a good article from Arizona Attorney magazine.  Click arrows at top to advance pages.


http://www.azattorneymag-digital.com/azattorneymag/2016expertwitness?pg=9#pg9

Brief Video About Internet Research by Prof. Dershowitz

https://www.youtube.com/watch?v=9X-o149GGns

Prospective Juror Refuses Service, Sentenced to Jail

Jury duty is a duty of citizenship.  Judges do not take lightly those who fail or refuse to appear.  This citizen was sentenced to jail:


http://www.wyomingnews.com/news/cheyenne-man-gets-jail-time-for-skipping-jury-duty/article_375c3a16-62a9-11e6-aa89-4fc82066a6a5.html

Article "Are We Driving Jurors to the Internet?"

Here is a link to the article:


https://bol.bna.com/are-we-driving-jurors-to-the-internet-perspective/


Some judges have suggested the court start allowing jurors to submit questions.  A Minnesota judge did this for many years in civil cases.  The court for a variety of good reasons leaves jurors in the dark about the parties or defendant in a criminal case.


I love the photo: women jurors in hats and men in suits and ties.  A prospective juror arrived in our court this week in a t-shirt with the name of his favorite team, cargo shorts and flip-flops.

Sitting Juror-Paranormal Medium Claims Visit by Victim-Deceased, Is Excused From Jury

A Calgary juror, an alleged paranormal "medium", claimed she was visited by the victim-deceased. She was excused.


http://calgaryherald.com/news/crime/juror-dismissed-at-start-of-strasser-hird-trial-after-claiming-visit-from-victims-ghost

"Lovestruck" juror Jailed for Falsely Facebooking Another Juror and Research During Trial

Ah, spring, when a young man's fancy turns to...
A Florida juror has been jailed for his Facebook false communications with a fellow juror (post-trial)and his research of a term in violation of the judge's admonitions.  He attempted to get the other juror to make false allegations about jury misconduct in order to get the guilty verdict overturned:


Link: http://www.mypalmbeachpost.com/news/news/crime-law/juror-gets-8-days-in-jail-for-researching-word-pus/nrTwd/

Proposed CA Law Would Allow Judges to Fine Jurors Up to $1,500 For Social Media Violations

Here is a link to LA Times article.  Perhaps jurors who admit to being "addicted" to social media and Internet research should simply be excused from jury service rather than risk a mistrial.
http://www.dailynews.com/general-news/20160424/california-jurors-misusing-the-internet-could-face-fines-up-to-1500

Juror's Objection to Lack of Diversity in Jury Panel Results in New Trial

The issue of racial makeup of juries came to a head when a juror arose in a Tennessee courtroom and stated that he felt it was unfair for two black men to be tried when no person of color was on the jury panel.
Here is a link to the newspaper article which discusses BATSON challenges to an attorney's peremptory strikes of jurors.  If there is an objection to a strike as being racially-motivated, the striking lawyer must establish a race-neutral basis for striking that juror.


The fact relevant to this blog is that it is alleged that during a break the juror's were discussing this issue, thereby violating the judge's admonition not to discuss the case:


http://www.tennessean.com/story/news/crime/2016/04/25/nashville-jurors-objection-race-leads-new-trial/83290360/

The Unusual Precaution of Sequestration During an Entire Trial: Being Cut Off From All Media

Jurors are usually not sequestered during deliberations, but if sequestered then only during deliberations.  I have seen it suggested that jurors be sequestered during the entire trial, not just deliberations, to prevent violations of the court's orders not to do Internet research or discuss the case on social media.  Here is an article about life for jurors so sequestered:


Linkhttp://www.tennessean.com/story/news/local/davidson%20/2016/04/15/life-sequestered-juror-vanderbilt-rape-case/82993214/

In Widely-Followed NY Trial, Juror Fails to Disclose Father Went to Prison; Also Fails to Disclose Pre-trial Anti-Police Posts on Social Media; Conviction in Jeopardy

Former NY police officer was convicted of manslaughter.  The juror lied during voir dire about any family members having been accused of a crime.  He also posted anti-police comments on social media prior to trial.  Some speculate that he really wanted to serve on the jury.  Defense counsel are seeking a new trial. 


LINK:  http://www.nytimes.com/2016/04/14/nyregion/juror-imperils-conviction-of-peter-liang-ex-officer-in-brooklyn-killing-of-akai-gurley.html?emc=eta1&_r=2

MN Judge Did Not Err in Immediately Excusing Juror Drunk During Deliberations

In a decision reported March 14 the Minnesota Court of Appeals found that a MN judge did not err in not sua sponte excusing a drunk juror during deliberations who had also been disruptive during lunch at a restaurant.   The criminal defendant's counsel chose to ask the court to dismiss the jury for the day.  This occurred and the juror deliberated the next day and the defendant was found guilty and appealed.  This case also raises the question of how much inquiry the judge can make of the juror without first offering the juror the opportunity to consult an attorney before incriminating herself for contempt of court for being drunk at court.

Is Criminalizing Juror Misconduct the Only Solution?

Here is a link to a thought-provoking article about criminalizing juror misconduct related to social media.  The author states that deterrence is the primary goal, but comments at the end on the various objections to this approach:


1.  It impedes the trial judge's ability to inquire into the misconduct; the alleged "bad juror" can refuse to incriminate themselves by responding to the judge's inquiry.


2.  Judges are resistant to the legislature intruding in the court's province, the courtroom.


3.  Jurors will be even more discouraged from even showing up for jury duty.


The article is short and worthy of reading.


http://scholarship.law.nd.edu/cgi/viewcontent.cgi?article=1762&context=ndjlepp

Florida Supreme Court Rules Drunk Juror Should Not Have Been Jailed

Here is the link.  Basically the juror should not have been found in DIRECT contempt of court.


http://www.palmbeachpost.com/ap/ap/florida/florida-supreme-court-sides-with-drunk-juror/nqnGW/

New Report From NY State Bar Association on Social Media Jury Instructions

http://www.nysba.org/Sections/Commercial_Federal_Litigation/Com_Fed_PDFs/Social_Media_Jury_Instructions_Report.html

Juror Who Lied During Voir Dire May Be Charged with Felony

A mistrial resulted from a juror's failure to disclose during voir dire that she was the victim of sexual assault.
She may now be charged with a felony.
LINK:  http://bismarcktribune.com/news/state-and-regional/juror-in-mistrial-of-west-fargo-teacher-s-sex-case/article_866398a5-94e1-58f6-8e6d-8c6e434d4afe.html

Googling Juror Causes Mistrial

http://www.courts.ca.gov/opinions/nonpub/G049353.PDF

Queens NY Juror Fined $1000 For Dishing on Facebook During Trial

Here we go again....and again!  It is frankly astonishing that apparently intelligent jurors feel the need to blab on Facebook about their jury experience during the trial despite the strong warnings of the judge.  This juror fined $1,000.  Fears she may lose her job.

Linkhttp://www.nydailynews.com/new-york/queens/exclusive-queens-juror-fined-facebook-blabbing-article-1.2421830

Conviction Reversed Where Judge Failed to Grant New Trial Motion When Juror Had Failed to Disclose Pending Felony Charges

A juror remained silent when voir dire questions were posed about having been charged with a crime.  When it was discovered that this juror had pending charges the defense moved for a new trial which the trial judge denied.  Appeals court reversed.

https://acis.alabama.gov/displaydocs.cfm?no=692999&event=4H50U23P3

Juror Jailed for 5 Days for Research During Trial

Here we go again!!!

 http://www.wrdw.com/home/headlines/Woman-jailed-5-days-for-looking-up-legal-issues-during-jury-duty-336058611.html

Celebrities Called to Jury Duty Should Not Criticize "the Boredom"

It's happening again this week.  A prominent reporter on one of the financial cable news networks is on social media expounding on the boredom of waiting at the courthouse to be called for jury duty.  He is to be praised for doing his civic duty.  But jury duty is not intended to be entertainment.  Everyone knows there is a lot of waiting even if you are selected to serve on a jury.  So bring a good book and several newspapers (yes, Millenials, some people actually read newspapers ON PAPER)  You may find the experience quite enlightening.  It's only a few days out of your busy lives.  Indeed some people have had their lives interrupted while they serve on active duty in the military in places like Afghanistan so you have the privilege of serving on a jury.  End of sermon.                                

That Juror Failed to Disclose Being Facebook Friends With Victim's Sister Did Not Result in Mistrial

On the Jur-E Bulletin of the National Center for State Courts it was suggested that judges define for jurors during voir dire what the court means when it says "friend" during jury selection.  It has a different connotation today than even 10 years ago.  Here the juror was a realtor and had a thousand "friends" on Facebook for networking purposes. 

http://www.in.gov/judiciary/opinions/pdf/09241502rp.pdf

Conviction Reversed After Juror Making Racial Comments Found to Have Implicit Bias

A juror told two other jurors that she saw 2 African-American men in her neighborhood and that such an occurrence was unusual and she thought a conspiracy related to the trial.  The other 2 jurors were sympathetic.  The trial judge failed to remove the juror from the case and the defendant was convicted.  Reversed on appeal.

http://www.judiciary.state.nj.us/opinions/a0211-12a3356-13.pdf

Juror in Murder Trial Causes Mistrial, Sentenced to Stayed 6-month Prison Sentence

Shouldn't it be self-evident that, as a juror, you don't hug the victim's family members prior to deliberations?
http://www.thestate.com/news/local/crime/article32102109.html

"Mindless Digital Interaction" Doesn't Result in Mistrial in Murder Trial

Check out the judge's comments about "mindless texting."
Continues to amaze me that jurors either don't listen to the judge's admonitions about using devices during trial or simply don't care.  And why are the trials mostly murder trials?  Perhaps the jurors are enjoying what they perceive is celebrity status.  Perhaps the father's text could result in a reversal on appeal.  Watch for more on this in the future.
Link:
http://www.abajournal.com/news/article/judge_blames_mindless_digital_interaction_for_juror_texts_during_murder_tri/

Grand Juror in NY Charged with Unlawful Grand Jury Disclosure

Grand juror discussed testimony and the result in a local store:

http://www.thedailymail.net/news/article_be4f9aec-456b-11e5-9300-bb47257496cc.html

Judges: Be Aware of a Possible Weak Link in Your Social Media Control Over Jurors

As a result of budget restraints some courts have little or no bailiff support.  Others may have bailiffs who have been poorly-trained or are inexperienced.  We judges need to be vigilant about the support staff interacting with jurors throughout the trial, particularly during deliberations.  There are many cases where bailiffs have given dictionaries or other resources to jurors during trial deliberations, resulting in mistrial.  Bailiffs must be trained to also be vigilant about jurors accessing electronic devices during trial.

One Misbehaving Juror Goes to Jail While Another is Fined $4000

One misbehaving juror goes to jail for keeping trial notes on his phone...http://www.journalnow.com/news/state_region/juror-sent-to-jail-for-days-for-using-cellphone/article_ecd979b4-6d2e-501c-a291-7583c96c5e64.html

...while another in Vermont is fined $4,000 for reading newspaper articles about the trial...

http://www.usatoday.com/story/news/nation/2015/06/14/trial-juror-who-read-newspaper-fined-4000/71233204/

Juror's Cell Phone Seized When Improper Discussion of Trial With Friends Alleged; also, the Lying Juror and the Flirtatious Juror

Here is the story about the seized cell phone:

http://www.syracuse.com/crime/index.ssf/2015/06/dr_neulander_juror_misconduct_hearing_delayed_until_original_sentencing_date.html

Here is the appellate opinion about the juror who was a pathological liar during voir dire. It is a long opinion but the transcript of voir dire starts at page 5:

http://www.ca2.uscourts.gov/decisions/isysquery/5d406a1a-c8be-4c52-abf9-0678ccaa8c58/1/doc/13-1388_complete_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/5d406a1a-c8be-4c52-abf9-0678ccaa8c58/1/hilite/

Finally, the flirtatious juror.  Flirting with a criminal defendant is unbelievable!

http://www.dailytelegraph.com.au/news/nsw/saucy-juror-gets-trial-aborted-by-flirting-with-defendant/story-fnpn118l-1227386434150

Retrial Ordered Where Juror Was a Felon and Juror Failed to Disclose

Felons not having had their rights restored may not serve on juries.  I have had felons report for jury duty and who failed to disclose a felony record.  Fortunately we have discovered it before they served on a jury.  If this is not discovered, a mistrial or retrial could be ordered as that juror is not qualified to serve.

http://www.wsmv.com/story/28895076/judge-declares-retrial-because-juror-was-convicted-felon

UK Makes Jurors' Online Research and Use of Social Media a Criminal Offense

http://www.scottishlegal.com/2015/04/15/england-new-criminal-offences-created-for-jurors-who-unlawfully-research-trials/

Russian Jurors Bribed

Yes, it's Russia.

http://rapsinews.com/judicial_news/20150310/273295964.html

Error for Trial Judge to Excuse Juror Not Felt Adequately Proficient in English

Here is the link to the Connecticut opinion:

http://www.jud.ct.gov/external/supapp/Cases/AROap/AP155/155AP164.pdf

No Error When Judge Discharged Foreperson Who Refused to Reasonably Participate in Deliberations & Introduced Extraneous Matters

Here is link to advanced opinion of Connecticut Supreme Court decision finding no error where trial judge excused the foreperson during deliberations:
http://jud.state.ct.us/external/supapp/Cases/AROcr/CR315/315CR12.pdf

A juror accused another juror (the foreperson) of refusing to speak with other jurors, sitting away from a table where the jury was assembled, and commenting that she was just there to observe. (How did this person become the foreperson???)  Eleven jurors confirmed in questioning by the judge that the foreperson was not participating in deliberations.  The foreperson had also speculated that witnesses were bribed, of which there was no evidence.

Juror Dismissed for Visiting Horse That was Subject of Trial

In an animal cruelty trial a juror visited a boarding facility where a horse that was the subject of the case was being boarded.  This was clearly a violation of the judge's instructions. The juror was dismissed but a mistrial was denied.

http://www.mysuncoast.com/news/local/juror-kicked-off-napier-case-after-visiting-rescued-horse/article_471d8da2-aafd-11e4-b1ad-5b6acbc913f4.html

Thought-provoking Article on Subconscious Bias

When judges ask the "magic question" during jury selection, can they be certain the juror can genuinely recognize their own subconscious biases and prejudices?

Linkhttp://www.slate.com/articles/news_and_politics/crime/2015/01/jury_selection_in_the_etan_patz_dark_knight_shooter_and_the_boston_marathon.single.html

NFL Player Tweets During Jury Service

At the link below you can read a series of tweets by Cardinals defensive end Darnell Dockett about his jury service, apparently intending to be excused from his civic duty.  Appears he never actually made it into the courtroom.

http://www.foxsports.com/buzzer/story/arizona-cardinals-darnell-dockett-live-tweets-jury-duty-120214

Really Bad Juror: Juror Commits Multiple Violations of Judge's Admonitions; Conviction Reversed But For Bias

In Iowa a juror committed multiple violations of the trial judge's instructions during criminal trial: failing to disclose relationships with victim's family during voir dire; Facebooking and researching defendant's age; speaking about case to others at a convenience store.  But on appeal most all the violations were determined insufficient for remand, however a finding of bias (acquaintanceship with victim's family) resulted in reversal and remand for new trial.

Link: https://www.courtlistener.com/opinion/2750822/state-of-iowa-v-tyler-james-webster/

So we have had movies "Bad Teacher" and "Bad Grandpa"...so how about Adam Sandler or Pauly Shore starring in "BAD JUROR" ?

Goodman Convicted in Retrial In Case Fraught With Juror Misconduct & Alleged $1 million Bribe

To update from my last post, John Goodman was convicted in a retrial of his criminal case in which there was a mistrial in the first trial due to juror misconduct. 

Link:  http://www.cbsnews.com/news/polo-mogul-convicted-again-in-deadly-palm-beach-dui/

The juror issues are multiple: juror Van Vliet's disclosure of prior trial; a juror sneaking a computer into his hotel room while sequestered; a juror accused of lying during voir dire.  Something tells me we haven't heard the last about this conviction.

Link: http://www.wptv.com/news/region-c-palm-beach-county/west-palm-beach/john-goodman-retria-more-goodman-juror-problems

A Vermont man is accused of offering up to $1 million for an acquittal:

Link:  http://www.palmbeachpost.com/news/news/crime-law/report-man-wanted-at-least-500000-to-sway-goodman-/nh3xz/

Juror Who is Criminal Justice Student Arrested for Contempt for Googling Trial

AH, the youth of today.  So inquisitive, so interested, so unwilling to follow rules at times.   Here is link to the story.  Juror-student age 23 defies judge's instructions and Googles the case, dsicovering its a retrial and shares that information with his fellow jurors.  Of course, he makes it on the news!  His fifteen minutes of fame.  Also a bad mug shot.
http://www.sun-sentinel.com/local/palm-beach/fl-goodman-juror-contempt-20141009-story.html

Grand Jury in Ferguson MO Police Shooting Being Investigated for Misconduct

Many news sources are reporting that prosecutors are investigating whether a grand juror hearing the Ferguson MO police shooting has discussed the case with members of the public, a clear violation of the grand juror oath of secrecy.  I am not providing a link.  You should be able to find more information on CNN and other news sources.

Bailiff Behaving Badly?

Bailiff's comments to jury that rendered an acquittal are under investigation:

http://courtnet/NewsClippingItemDisplay.aspx?item=60140

Second Reversal in a Month by CA Supreme Court Due to Juror Misconduct

The California Supreme Court reversed a murder conviction in a case where a juror was lobbying other jurors prior to deliberations that the defendant was guilty.  The Court stated "...the (juror's) transformation from impartial fact finder to combative advocate before deliberations began is separate and serious misconduct."  People v. Weatherton.

Link to opinion:  http://www.google.com/url?sa=t&rct=j&q=&esrc=s&frm=1&source=web&cd=1&ved=0CCAQFjAA&url=http%3A%2F%2Fwww.courts.ca.gov%2Fopinions%2Fdocuments%2FS106489.PDF&ei=7qvzU6WMK4-0yATOy4GIDA&usg=AFQjCNEOT_Iusu8tpmQPyre6hxchQi5SRg&sig2=56I5Z9rkvrdOeBeVKLawJg

The opinion is instructive to judges as it discusses the post-trial hearing conducted by the trial judge, including conflicts attorneys and "Miranda"-style warnings to the jurors questioned about their alleged misconduct and violation of their oath.

Juror's Discussion With Pastor About Mercy, Empathy & Responsibilites as a Citizen Results in Overturned Verdict in Penalty Phase

During deliberations of the penalty phase a juror discussed "mercy and empathy" and his duties as a citizen with his pastor (starts at p. 37 of this 55 page opinion) but not the facts of the case.  The Supreme Court of California reversed the jury verdict in the penalty phase and remanded it to the trial court for a new trial of the penalty phase.
LINK:  http://www.courts.ca.gov/opinions/documents/S050102.PDF

Federal Judicial Center Survey of Attorneys' and Jurors' Use of Social Media During Trial: Includes Suggested Instructions and an Oath

The Federal Judicial Center is the educational and research agency for the federal courts.  Note the juror oath in the appendix regarding research and using social media during trial.

http://www.fjc.gov/public/pdf.nsf/lookup/jurors-attorneys-social-media-trial-dunn-fjc-2014.pdf/$file/jurors-attorneys-social-media-trial-dunn-fjc-2014.pdf

Juror Does Internet Research During Deliberations, Replaced With Alternate; Conviction Reversed

During deliberations a juror (A) conducted Internet research on the background of the defendant and switched their vote, but did not share the research with the other jurors.    This juror (A) was also found to have been threatened with a punch to the nose by another juror over this misconduct.  As allowed in NJ, Juror A was replaced with an alternate and deliberations ordered to begin anew.   Appellate court questioned this as the jury had already reached a verdict on one of the counts charged.  Conviction was reversed by the appellate court.
New Jersey v. Lloyd and Cade, published 7-18-14.

Sixth Circuit U.S. Court of Appeals Considers Claim of Juror Bias

The Sixth Circuit overturned a federal district court order denying a habeus corpus peition by a man convicted of murder and sentenced to death and sent the case back to the federal district court to conisder whether to stay and abey the petition while the defendant seeks state court relief.  Cunningham v. Warden filed 6-24-14.  It was discovered that the jury foreperson was acquainted with the families of the victims and considered them to be her clients and that she ultimately would have to face them in the community.  A "holdout" juror testified in a deposition that she felt pressured by this comment.  The lower court judge concluded that she was not presured to convict.

Most of the decision is about criminal procedure in federal court in this type of matter.

Michigan Jury Foreman Comments on Facebook During Murder Trial: May Result in Mistrial

And the misbehavior of jurors on social media continues:

http://www.freep.com/article/20140609/NEWS04/306090191/murder-trial-jurors-facebook-postings

Update:  trial judge denied new trial motion. (Search ABC News on 6-22-14)

Another Facebooking Juror in Big Trouble for Lying About it Under Oath; Two Others in Same County Likewise in Hot Water

Three jurors in 2 separate trials in the same Florida county are in trouble for violating the court's admonitions about commenting on the trial on social media, one in particular trouble for lying under oath about it:

LINK:   http://www.mypalmbeachpost.com/news/news/crime-law/local-juror-removed-in-handcuffs-faces-contempt-ov/ngBDL/#cef17750.2542355.735386

ABA Issues Formal Opinion on Lawyers Reviewing Jurors' Internet Presence (Social Media)

ABA Formal Opinion 466 is summarized therein "a lawyer may passively review a juror's presence on the Internet, but may not communicate with a juror...if a lawyer discovers criminal or fraudulent conduct by a juror related to the proceeding, the lawyer must take reasonable remedial measures, including, if necessay, disclosure to the tribunal."  I have no link, but see the ABA website for the full 9-page opinion.  This opinion applies "unless limited by law or a court order."  At least one state has a rule or statute requiring immediate disclosure to the court of fraudulent conduct by a juror, for example, Internet research or social media discussion during trial.

Another Case of Juror Failing to Disclose Victimization of Close Relative During Voir Dire

During voir dire at trial a juror failed to disclose on questionnaire that her cousin had been the victm of a crime factually similar to the case in which voir dire was occuring.  Another juror failed to disclose that the county attorney had represented her in a child custody case.  Conviction reversed by Alabama Supreme Court:

https://acis.alabama.gov/displaydocs.cfm?no=572016&event=41Q0MPQBO

Juror-Attorney Jailed and Fined for Comments Regarding Jury Service

Attorney was jailed and fined after being called to jury service and commenting unprofesionally to the presiding judge:

LINK   http://www.abajournal.com/news/article/judge_jails_in-house_lawyer_who_complained_in_email_about_being_selected_fo

Article "Neuro-Voir Dire and the Architecture of Bias" as Applied to Jurors

Law Prof. Dov Fox offers a new approach in looking at juror bias and argues that the court "should limit the interrogation and disqualification of prospective jurors to personal interests in the case...and to case-specific beliefs."  Brain scanning of jurors for bias?

LINK:   http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2416627&download=yes

Use a Questionaire in Every Criminal Trial?

I have become increasingly convinced that a questionaire, even a short one, should be used in every criminayl jury trial.  Last week a colleague was informed on the second day of a DWI trial by the prosecutor that he had prosecuted one of the impaneled jurors for DWI.  The juror had failed to disclose this in response to the standard voir dire question about whether any of the jurors had been convicted of a crime.  I think jurors will be more forthright in disclosing such information in writing and out of the hearing of other jurors.  The question can also make it clear that DWI is a crime, not just a minor traffic violation.  The questionaire can be tailored to the particular case and ask the juror if they would prefer individual questioning.  I may also hand out the questionaire in the courtroom, review the questions with the jurors, and explain emphatically the need to answer truthfully.

Updated Survey of Juror Use of Social Media During Jury Service

http://dltr.law.duke.edu/2014/02/24/the-jury-box/

Juror Escapes Punishment For Rude and Racist Answers on Juror Questionaire

Watch the video.  Seems some citizens care little about their civic duties.  There are no citizen juries in Russia.

http://www.pahomepage.com/story/d/story/foul-language-on-jury-form/36849/xe8yiJYGGU6Ca1Ueqn_bVA

REALLY STUPID LAWYER BEHAVIOUR--SPYING ON JURORS IN JUROR ASSEMBLY ROOM

Lawyers know that communicating with prospective jurors is verboten.  Amazingly a lawyer sent an associate to sneak in the jury assembly room to make observations.  Lawyers in big trouble.  Link:  http://abovethelaw.com/2014/02/thats-one-way-to-pick-a-jury-maybe-an-unethical-one-but-it-is-one-way/