Topic
Juror Misconduct
89 published works
EvidenceProf Blog
No One But The Bailiff: Is A Bailiff’s Comment That The Defendant Fired The Best Criminal Attorney In Town Prejudicial?
By Colin Miller
Similar to its federal counterpart, Texas Rule of Evidence 606(b) provides thatUpon an inquiry into the validity of a verdict or indictment, a juror may not testify as to any matter or…
Ohio Appellate Insights
Merit Decision: Juror Misconduct, Mistrials and Double Jeopardy. State v Gunnell.
On July 19, 2012, the Supreme Court of Ohio handed down a merit decision in State v. Gunnell, 2012-Ohio-3236. The issue in this state’s appeal is whether a mistrial was properly granted. If…
Chicago IP Litigation
Juror Social Media Use During Trial is Controllable
The Northern District of Illinois’ Judge St. Eve has written an interesting article arguing that ill effects of juror’s social media use can be controlled and limited with use of…
MS Litigation Review & Commentary
Re-trial of Juror Misconduct Case Results in Another Defense Verdict
Last year I wrote in this post about the Mississippi Supreme Court's decision in Merchant v. Forest Family Practice. This was the Scott County medical malpractice case where the Mississippi Supreme Court…
MS Litigation Review & Commentary
Oklahoma Juror Misconduct Case Sounds Familiar
Last week the ABA Journal blog reported on this Oklahoma Supreme Court decision reversing a defense verdict in a medical malpractice case due to juror misconduct. After the defense verdict,…
Personal Injury Law Journal
If You Are a Juror, Be Sure to Obey the Judge’s Instructions Regarding Social Media Usage – Part 2
In my last blog post, I discussed some of the problems associated with jurors' ever-increasing use of social media during trials. In a follow-up to that post, let me tell…
White Collar Crime Prof Blog
Judge James B. Zagel: Out Of Order In Blagojevich Case Comments
By Ellen Podgor
Hat tip to Scott Greenfield of Simple Justice for his outstanding post on Judge James B. Zagel's unfortunate public criticisms of one of Rod Blagojevich's criminal defense attorneys, Lauren Kaeseberg. Kaeseberg had the temerity…
Ohio Appellate Insights
What’s On Their Minds: What Standard Should Be used to Grant a Mistrial for Juror Misconduct? State v. Gunnell
On July 19, 2012, the Supreme Court issued a merit decision in this case. Read the analysis of the decision here. On October 19 the Supreme Court of Ohio heard…
EvidenceProf Blog
How To Be Elusive: Colorado Court Of Appeals Finds Trial Court Erred In Granting New Trial Based On Jury Misconduct
By Colin Miller
Similar to its federal counterpart, Colorado Rule of Evidence 606(b) provides thatUpon an inquiry into the validity of a verdict or indictment, a juror may not testify as to any matter or…
Ohio Appellate Insights
Oral Argument Preview: What Standard Should Be Used to Grant a Mistrial for Juror Misconduct? State v. Gunnell.
On July 19, 2012, the Supreme Court issued a merit decision in this case. Read the analysis of the decision here. On October 19, 2011, the Supreme Court of Ohio…