Juries

Men Who Pointed Cameras & Frightened Jurors Jailed for Contempt

Two Ohio men who pointed cameras at jurors hearing an aggravated murder trial last week were jailed Wednesday for contempt of court. Cuyahoga County Common Pleas Judge Nancy Margaret Russo declared a mistrial in the case and sentenced the men for “intimidating and frightening my jury,” the Cleveland Plain Dealer…

Feb 25, 2010 5:43 PM CST

Supreme Court Rules Judge Need Not See Juror Demeanor to Rule on Batson Claim

The U.S. Supreme Court has ruled a trial judge does not need to observe a potential juror to decide a prosecutor’s claim that he used a peremptory strike to dismiss the woman because of her demeanor. The defense had argued the prosecutor dismissed the potential juror because of her race.…

Feb 22, 2010 4:50 PM CST

Appeal in Astor Case Cites Jurors’ E-Mail Messages, Legal Analyst’s Fears

Nearly 60 e-mail messages between jurors and a statement by a legal analyst for Bloomberg are cited in an appeal expected to be filed today on behalf of Brooke Astor’s son. The analyst, juror Judith DeMarco, told lawyers for Anthony Marshall that fears for her safety pushed her to agree…

Feb 22, 2010 1:41 PM CST

‘Scary’ Jurors Spur Switch to Bench Trial, Highlighting Growing Problem

Some jurors have resorted to rebellion to avoid the financial hit of serving during a lengthy trial. The Los Angeles Times gives two examples of the problem that is making it difficult for courts to find jurors in trials lasting more than a few days. In the first case, a…

Feb 16, 2010 11:29 AM CST

Texas Jury Acquits Whistle-Blowing Nurse

Jurors in Andrews, Texas, today acquitted Anne Mitchell, who was on trial on charges that she misused official information when she anonymously reported a doctor to state medical authorities. Prosecutors failed to convince jurors that Mitchell was motivated by personal, not professional, reasons when she wrote a letter to the…

Feb 11, 2010 7:58 PM CST

Do Lawyers Have 1st Amendment Right to Interview Jurors? 10th Circuit Says Maybe

In a novel case sure to catch the attention of trial lawyers and researchers, the Denver-based 10th U.S. Circuit Court of Appeals says that attorneys may have a First Amendment right to interview jurors involved in trials in which they did not participate. But the right may extend only to…

Feb 11, 2010 1:44 PM CST

First Jurors, Now Defendants Tweet Mid-Trial

There are dozens of reports of jurors tweeting while court is in session and during deliberations. So much so that even the Judicial Conference has taken notice and OK’d model rules to address juror tweets, texts and social media use. But what about defendants? Should they tweet during their own…

Feb 9, 2010 5:17 PM CST

Judicial Conf. Group OKs Model Rules Barring Juror Talk, Texts & Tweets

Updating traditional rules banning jurors from talking about a case outside of deliberations before it is resolved, a committee of the Judicial Conference of the United States has added provisions addressing e-mail, cell phones, social media sites, text messages and Internet research. In addition to reporting on this development, the…

Feb 9, 2010 1:10 AM CST

Lawyer Seeks New Trial for Client After Luckily Finding Out Juror Wasn’t a US Citizen

It looks like a Pennsylvania man convicted of selling $40 worth of cocaine to an undercover officer might have a chance of winning a retrial because his lawyer happened across helpful information about a juror. Attorney Thomas Shaffer, who represented Troy Mannery, fortuitously was in the courtroom when one of…

Feb 4, 2010 1:24 AM CST

This Lawyer Will Skip Jury Duty; State of the Union Interferes

President Obama has received a summons for jury duty at his home in Chicago, but the former law professor won’t be able to make it. Obama told court officials weeks ago that he won’t be able to serve, an administration official told the Chicago Tribune and the Associated Press. He…

Jan 25, 2010 1:41 PM CST

Jurors’ Wikipedia Research, Friending at Issue in Two Md. Cases

Two court developments in Maryland last week highlight the growing problems caused by jurors’ online access during criminal trials. In one case, a Maryland appeals court overturned a murder conviction because jurors had apparently consulted Wikipedia for explanations of scientific terms, the Baltimore Sun reports. In another, lawyers for Baltimore…

Dec 14, 2009 1:01 PM CST

Driver Convicted in Death of Mama Duck, But Gets No Jail Time

A jury this week took only 15 minutes to convict a 25-year-old man of animal cruelty for running over a mother duck, in front of her 12 ducklings, in a Massachusetts shopping mall parking lot. But Joshua Linhares was sentenced to probation rather than the year in jail that prosecutors…

Dec 10, 2009 7:23 PM CST

State Must Pay $150 a Day to Cover Up Murder Defendant’s Tattoos, Judge Rules

John Ditullio has a phrase tattooed on his neck that isn’t considered printable by a major Florida newspaper. But when the jury sees the 23-year-old at his upcoming first-degree murder trial, those words, as well as the swastika and the barbed wire design above his collar line will be difficult…

Dec 9, 2009 10:21 PM CST

Fired Woman Gets $150K for 3-Day Jury Duty

A Miami security guard is going to get $150,000 for serving a three-day stint as a juror in a South Florida murder trial in April of 2007. Agreeing with Jackalyn Strachan that her former employer fired her due to her jury service, another Miami-Dade Circuit Court jury awarded the 57-year-old…

Dec 9, 2009 7:01 PM CST

Lawyer Foreperson Who Criticized Counsel Is Focus of New Trial Request

Lawyers for former McKesson chairman Charles McCall, convicted last month of securities fraud in a corporate accounting scandal, are seeking a new trial based on an alleged clarification by the jury foreperson—a California lawyer who was critical of their trial techniques. The lawyer foreperson was Christine Griffith, a land use…

Dec 8, 2009 2:40 PM CST