Juror Misconduct Law in Review show

Juror Misconduct Law in Review

Summary: Juror Misconduct Law in Review is hosted by Attorney Nilgun Aykent Zahour from SM JUROR where our motto is: "Don't let juror misconduct taint your verdict." We analyze current state and federal juror misconduct cases and provide attorneys with strategies to identify, preserve and advance juror misconduct issues at trial, and on appeal, under the abuse of discretion standard of review.

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  • Artist: Nilgun Aykent Zahour: SM JUROR Attorney & Juror Misconduct Legal Strategist
  • Copyright: 2019 SM JUROR, INC.

Podcasts:

 #27: What to do with the laughing juror | File Type: audio/mpeg | Duration: 11:55

We examine the juror misconduct issues in State v. Baumgartner, No. 46386, 2019 WL 6463113 (Idaho Ct. App. Dec. 2, 2019) and determine what to do with the laughing juror.

 The SM JUROR Podcast #26: Does the jury's inadvertent consideration of the defendant's insurance policy result in prejudicial juror misconduct? | File Type: audio/mpeg | Duration: 10:24

We analyze the juror misconduct issues in Unit Drilling Co. v. Gilmore, No. 13-17-00594-CV, 2019 WL 5089763 (Tex. App. Oct. 10, 2019). Issue: Does the jury's inadvertent consideration of the defendant's insurance policy result in prejudicial juror misconduct?

 #25: Does the jury’s knowledge of publicized videotaped trial proceedings on social media prejudice the defendant? | File Type: audio/mpeg | Duration: 17:04

We analyze the juror misconduct issues in State v. Rojas, No. 2 CA-CR 2018-0271, 2019 WL 4051861 (Ariz. Ct. App. Aug. 28, 2019). Issue: Does the jury’s knowledge of publicized videotaped trial proceedings on social media prejudice the defendant? 

 #24: Exploring the relationship between the juror and the trial witness | File Type: audio/mpeg | Duration: 09:32

We examine the juror misconduct issues in Vasquez Juarez v. State, No. 2452, SEPT.TERM,2017, 2019 WL 4187473 (Md. Ct. Spec. App. Sept. 3, 2019). Issue: In denying defendant’s motion for mistrial, did the trial court abuse its discretion in refusing to voir dire a juror who may have known a trial witness?

 #23: Is a sequestered jury's fear of not being fed an adverse influence on their deliberations? | File Type: audio/mpeg | Duration: 15:38

We analyze the juror misconduct issues in State v. Kaiser, No. A17-0571, 2018 WL 2407187 (Minn. Ct. App. May 29, 2018). The issue we’re going to discuss is whether a sequestered jury’s fear of not being fed adversely influenced or pressured them in their deliberations.

 #22: Is a post-verdict evidentiary hearing required to determine a juror's competency due to admitted memory lapses during trial? | File Type: audio/mpeg | Duration: 11:47

We analyze the juror misconduct issues in Daley v. J.B. Hunt Transp., Inc., 187 Conn. App. 587, 203 A.3d 635 (2019). The issue we’re going to discuss is whether the trial court erred in declining to conduct a post-verdict evidentiary hearing to determine whether a juror, who suffered memory gaps with possible Alzheimer’s disease, was competent to serve on the jury.

 #21: The injection of a juror's personal experiences and a juror's translation efforts | File Type: audio/mpeg | Duration: 17:41

We analyze the juror misconduct issues in Palma v. Rite Aid Corp., No. B280445, 2018 WL 3640482 (Cal. Ct. App. Aug. 1, 2018).  The issues we’re going to discuss are evidence of a juror’s personal experiences, factors used in rebutting the presumption of prejudice, a juror’s self-translation efforts, sleeping jurors, and jurors who would not deliberate.  

 #20: A LinkedIn notification of the viewing of a party’s profile leads to research of social media profiles & Google search histories to prove juror misconduct. | File Type: audio/mpeg | Duration: 26:36

We analyze the juror misconduct issues in United States v. Harris, No. 15CR335-2, 2018 WL 3869579 (N.D. Ohio Aug. 15, 2018) and United States v. Harris, 881 F.3d 945 (6th Cir. 2018). The issues we’re going to discuss are Internet research by both a juror and his girlfriend, Google search histories, colorable claims of extraneous influence, Remmer evidentiary hearings, and unsuccessful searches on the Internet and LinkedIn of parties, witnesses, attorneys and judges.

 #19: Does a text message to a juror, “Please don’t send my brother to jail,” result in jury tampering? | File Type: audio/mpeg | Duration: 13:47

We analyze the juror misconduct issues in Wallace v. Superintendent Unknown Banks, No. 3:15CV669-CWR-RHW, 2018 WL 3852624 (S.D. Miss. July 9, 2018), report and recommendation adopted sub nom. Wallace v. Banks, No. 316CV00669CWRRHW, 2018 WL 3846324 (S.D. Miss. Aug. 13, 2018).  The issues we’re going to discuss are text messages to a juror, jury tampering, improper communications, and procedural bars. 

 #18: Trivial juror misconduct and the ineffective assistance of counsel claim | File Type: audio/mpeg | Duration: 10:27

We analyze the juror misconduct issues in People v. Colville, No. 336405, 2018 WL 6252034 (Mich. Ct. App. Nov. 29, 2018). The issues we're going to discuss are juror comments made to the trial court's law clerk and ineffective assistance of counsel claims based on trivial juror misconduct.

 #17: The delay in presenting known juror misconduct backfires | File Type: audio/mpeg | Duration: 07:51

We analyze the juror misconduct issues in People v. Lowe, No. 2014-04891, 2018 WL 6071990 (N.Y. App. Div. Nov. 21, 2018). The issues we're going to discuss are the effect of the unexplained delay in notifying the trial court of known juror misconduct, and the denial of a motion for evidentiary hearing to further investigate any alleged juror misconduct.

 #16: The juror who says he will find the defendant guilty regardless of the evidence | File Type: audio/mpeg | Duration: 07:51

We analyze the juror misconduct issues in Brooks v. State, No. 73730-COA, 2018 WL 6134216 (Nev. App. Nov. 19, 2018). The issue we're going to discuss is whether prejudice exists when jurors hear another juror, who wants to be excused, blurt out that he will find the defendant guilty regardless of the evidence.

 #15: Rebutting the presumption of prejudice when jurors do internet research | File Type: audio/mpeg | Duration: 10:28

We analyze the juror misconduct issues in Baker v. State, No. 18A-CR-1025, 2018 WL 6257066 (Ind. Ct. App. Nov. 30, 2018). The issues we're going to discuss are how a juror's internet research establishes a presumption of prejudice and how the presumption is rebutted through juror testimony and the cumulative nature of the evidence.

 #14: Does the jury's use of technology to enhance visual acuity result in experimentation and juror misconduct? | File Type: audio/mpeg | Duration: 07:37

We analyze the juror misconduct issues in State v. Dulin, No. 1 CA-CR 18-0044, 2018 WL 6217154 (Ariz. Ct. App. Nov. 29, 2018). The issue we're going to discuss is whether the jury's use of a laptop to "zoom in" on surveillance photos amounts to experimentation and juror misconduct.

 #13: Does an alternate juror's presence in the jury room during deliberations result in improper communications? | File Type: audio/mpeg | Duration: 12:47

We analyze the juror misconduct issues in Martz v. State, No. 13-17-00382-CR, 2018 WL 3655437 (Tex. App. Aug. 2, 2018). The issues we're going to discuss are whether an alternate juror's presence in the jury room during deliberations amounts to improper communications and juror misconduct, the importance of considering less drastic alternatives before moving for a mistrial and issue preservation.

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