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Thaddeus Hoffmeister
Professor
Recent Activity
Posted 2 days ago at Juries
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The Tennessean: Nashville Juror's Objection on Race Leads to New Trial Continue reading
Posted Apr 26, 2016 at Juries
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ABC News: California Jurors Misusing the Internet Could Face Fines Continue reading
Posted Apr 24, 2016 at Juries
NJ.com: Defense in death penalty case says secret jury unfair to defendant Continue reading
Posted Apr 22, 2016 at Juries
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Robert P. Burns Abstract: Descriptive and normative discussions of whether the jury trial is or should be a political institution are complicated by the systematic ambiguity of the most important terms in this discussion. One influential perspective understands a political... Continue reading
Posted Apr 21, 2016 at Juries
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Here is a humorous piece from the New Yorker that describes the various excuses put forward during the author's alleged attempt to avoid jury duty. The New Yorker: All the Excuses that Didn't Work to Get me Out of Jury... Continue reading
Posted Apr 20, 2016 at Juries
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Kendall Meredith Knight Abstract: In 1868, the Fourteenth Amendment to the United States Constitution was passed stating that no state shall deprive “any person of life, liberty, or property, without due process of law; nor deny to any person within... Continue reading
Posted Apr 19, 2016 at Juries
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Joshua P. Davis Shannon Wheatman Cristen Stephansky Writing Better Jury Instructions: Antitrust as an Example Abstract: Understanding the law is difficult. Getting juries to understand the law is more difficult. Yet we provide evidence that it can be done, even... Continue reading
Posted Apr 14, 2016 at Juries
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In Verlo v. Martinez, the 10th Circuit Court of Appeals upheld an injunction issued by a federal district court that struck down an earlier state court ban prohibiting peaceful pamphleteering in front of a Denver state courthouse. The pamphlets in... Continue reading
Posted Apr 12, 2016 at Juries
The Indiana Supreme Court in Wall v. Indiana has granted a husband and wife, who were both convicted of manslaughter, new trials because an alternate juror participated in deliberations. Apparently, this juror not only participated but also became very involved... Continue reading
Posted Apr 11, 2016 at Juries
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The SCT has agreed to hear the case of Pena Rodriguez v. Colorado. The issue in Pena Rodriguez is whether a no-impeachment rule constitutionally may bar evidence of racial bias offered to prove a violation of the Sixth Amendment right... Continue reading
Posted Apr 6, 2016 at Juries
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The Washington Post is running a series of Op-Ed articles on jury nullification. The first article is available here. Below is the line-up of writers who will be submitting articles. Clay Conrad, criminal law attorney and author of “Jury Nullification:... Continue reading
Posted Apr 5, 2016 at Juries
The federal judge handling the patent infringement case between Oracle and Google instructed both parties that if they plan to investigate jurors they would have to inform jurors of this fact before the start of the trial. Apparently, this ruling... Continue reading
Posted Apr 2, 2016 at Juries
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Matthew Aglialoro Criminalization of Juror Misconduct Arising from Social Media Use This Essay analyzes criminalization as an alternative solution to juror misconduct arising from social media use, where jury instructions fail to prevent such misconduct. Despite the lack of scholarship... Continue reading
Posted Apr 1, 2016 at Juries
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Ben Trachtenberg One More Call to Respect the Time of Grand Jurors Abstract: This Article replies briefly to the robust response that Professor Frank O. Bowman III submitted in answer to my earlier contribution to the Missouri Law Review’s symposium... Continue reading
Posted Mar 30, 2016 at Juries
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More Grand Jury Reforms Here is the latest example of a state attempting to improve how grand juries deal with officer-involved shootings. In this case it is Georgia which recently passed HB 941. This new bill, which awaits the governor's... Continue reading
Posted Mar 29, 2016 at Juries
Judge Issues Unique Order Related to Using the Internet to Research Jurors: Oracle v. Google. Here is a link to the Judge's order. I excerpted the significant portions below. It appears that the judge is giving the parties a choice... Continue reading
Posted Mar 28, 2016 at Juries
TX Prosecutor Claims that his Boss "Encouraged" Prosecutors to Strike Blacks from Juries A prosecutor from Wharton County Texas claims that he was "advised or encouraged" to strike black jurors as a matter of trial strategy. While many people believe... Continue reading
Posted Mar 28, 2016 at Juries
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Jury Nullification Bill Advances in New Hampshire Last week the New Hampshire House of Representatives voted 184 to 145 to pass a bill (HB 1270) requiring courts to instruct jurors about juror nullification. At present, defense attorneys in New Hampshire... Continue reading
Posted Mar 27, 2016 at Juries
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Nicholas Scurich Jennifer Gongola Daniel A. Krauss Biasing Effect of the 'Sex Violent Predator' Label on Legal Decisions Abstract: Public fear has driven legislation designed to identify and exclude sexual offenders from society, culminating in sexually violent predator (SVP) statutes,... Continue reading
Posted Mar 27, 2016 at Juries
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Grand Juries and Law Enforcement Following a small but growing national trend, Hennepin County has decided to stop sending officer involved shootings to grand juries. The decision on whether to indict police officers who were involved in shootings will now... Continue reading
Posted Mar 24, 2016 at Juries
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Drunk Juror Wins Appeal (Plank v. Florida) Florida Supreme Court overturns juror's criminal contempt conviction for showing up to jury selection inebriated. Continue reading
Posted Mar 21, 2016 at Juries
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Michael Cicchini Lawrence White Truth or Doubt? An Empirical Test of Criminal Jury Instructions Abstract: The Constitution protects us from criminal conviction unless the government can prove guilt beyond a reasonable doubt. However, after defining reasonable doubt, many trial courts... Continue reading
Posted Mar 16, 2016 at Juries
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Cynthia Lee A New Approach to Voir Dire on Racial Bias Abstract: One question that attorneys in racially charged cases face is whether to attempt to conduct voir dire into racial bias. Voir dire is the process of questioning prospective... Continue reading
Posted Mar 15, 2016 at Juries
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Australian State (NSW) Looking to Reintroduce Juries for Civil Trials Here is an article that discusses a recent push to have civil jury trials reintroduced into New South Wales, Australia. One interesting point of the article is that allowing jurors... Continue reading
Posted Mar 14, 2016 at Juries