ABA Journal

Juries

886 ABA Journal Juries articles.

Removal of ‘Holy Spirit’ juror requires new trial for former lawmaker, en banc 11th Circuit rules

Former U.S. Rep. Corrine Brown of Florida is entitled to a new trial in an alleged charity scam because a federal judge removed a juror for his "Holy Spirit" remark, a federal appeals court ruled Thursday in a 7-4 en banc decision.

Evidential essentials: How witnesses can make or break a case

It was a cold Canadian winter morning. But let me get back to that in a moment. The success of your case often gets down to three things: witnesses, witnesses and witnesses. Good advocacy helps, too, but that generally means marshaling good witnesses.

Evidence of jury racial bias in civil trial requires hearing, 6th Circuit says, citing ‘crackhead’ assumption

A federal trial court must hold a hearing to examine potential jury bias after one woman said jurors considered the Black plaintiff to be "a crackhead" and referred to his lawyers as the "Cosby Show," a federal appeals court has ruled.

Reluctant trial witnesses should disclose vaccination status to judge, motion says

Witnesses who want to avoid in-person testimony at an upcoming trial should disclose their vaccination status and explain their bid to testify remotely, according to a motion filed in a suit alleging retirement-plan mismanagement.

Supreme Court will consider reinstating death sentence for Boston bomber

The U.S. Supreme Court on Monday agreed to consider whether a federal appeals court erred when it vacated the death penalty for convicted Boston bomber Dzhokhar Tsarnaev.

Comedian’s podcast remarks during jury duty spur appeal by convicted defendant

A convicted former currency trader has filed an appeal partly based on podcasts by an unhappy juror during the federal trial in New York City. Akshay Aiyer has contended that a juror’s podcasts were “a flagrant violation of the judge’s instructions.”

A COVID-19 year in review: Courts, juries and technology

Happy anniversary. It’s been about one year now since the world was introduced to the coronavirus pandemic. What else can we say? This is as good a time as any to reflect on the changes to the world, especially to the world of law.

Interested in infectious disease litigation? Before you accept a case, read this

When Davis M. Walsh and Samuel L. Tarry began assembling Infectious Disease Litigation: Science, Law, and Procedure, they had no idea a pandemic was soon going to make the topic more relevant than ever.

Afternoon Briefs: Another state plans remote bar exam in July; Texas AG sues electric company over huge bills

So far, 9 jurisdictions have plan for remote bar exam in July

California’s July 2021 bar exam will be remote, the California Supreme Court announced Friday. The first testing day,…

California nonprofit pushes states to make jury instructions more broadly available

Since his early days as a lawyer, Wisconsin criminal defense attorney Chad Lanning has been troubled that the state’s jury instructions were not freely available to the legal community or the general public. As Lanning rose to leadership in the Wisconsin Association of Criminal Defense Lawyers, he turned to Public.Resource.Org’s Carl Malamud for assistance in raising concerns about the issue.

As some jury trials resume, juror shortages create problems; one court sees a 5% yield on summonses

As jury trials resume in several states and continue in others, finding jurors willing to show up is a problem.

How will the ‘Anthony Fauci effect’ influence jurors?

Lawyers and jury consultants are considering whether the COVID-19 pandemic will influence juror attitudes in what Law.com is dubbing the “Anthony Fauci effect.”

Judges differ on when it’s safe to hold in-person jury trials

Despite reports from federal courts of in-person jury trials being held safely, many judges across the country are still deliberating whether to hold in-person jury trials at all.

Criminal defense lawyer challenges jury trial moratorium, argues cases can’t be paused indefinitely

A criminal defense lawyer has filed a speedy trial demand that challenges a federal court’s order suspending all jury trials until March 12.

Study examines decline in civil and criminal jury trials and how to bring them back

While judges and lawyers view jury trials as slower, less predictable and less cost-effective than other forms of case resolution, they also view them as fair and prefer them over alternatives, according to a national study released in December by the ABA Commission on the American Jury.

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