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Thaddeus Hoffmeister
Professor
Recent Activity
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Jorge L. Contreras University of Utah - S.J. Quinney College of Law Michael A. Eixenberger University of Utah, S.J. Quinney College of Law, Students Model Jury Instructions for Reasonable Royalty Patent Damages Abstract: Consistent, accurate and understandable jury instructions are... Continue reading
Posted 2 days ago at Juries
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Here is the first ever newsletter by the Civil Jury Project. Background information on the Civil Jury Project The Seventh Amendment to the US Constitution and provisions of most state constitutions guarantee citizens the right of trial by jury in... Continue reading
Posted 7 days ago at Juries
ASTC is Giving Back In the spirit of Giving Tuesday, ASTC would like to give something back. We are holding a webinar this Thursday, December 1 that is FREE for all members, past members, and potential members. Join us for... Continue reading
Posted Nov 29, 2016 at Juries
WCPO: Judge orders jurors' questionnaires in Ray Tensing murder case ... Continue reading
Posted Nov 29, 2016 at Juries
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The article below highlights why instructing jurors to "search for the truth" may work to disadvantage criminal defendants. Wisconsin Law Journal: ON THE DEFENSIVE: Should juries really be searching for the 'truth?' Continue reading
Posted Nov 27, 2016 at Juries
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Trump Challenges the Jury Selection Process On November 16, 2016, attorneys for defendants President-Elect Donald J. Trump and Trump University, LLC filed an ex parte motion to require the U.S. District Court for the Southern District of California to provide... Continue reading
Posted Nov 18, 2016 at Juries
Angela J. Rollins Billy H. Nolas The Retroactivity of Hurst v. Florida, 136 S. Ct. 616 (2016) to Death-Sentenced Prisoners on Collateral Review Abstract: In Apprendi v. New Jersey the United States Supreme Court established that any finding that increases... Continue reading
Posted Nov 16, 2016 at Juries
Here is an interesting article about how other common law countries (Australia, UK, and Ireland) treat deaf and blind jurors. The article also briefly mentions the work of the UN Committee to the Convention on the Rights of Persons with... Continue reading
Posted Nov 14, 2016 at Juries
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Gwinnett County Juror Texting System The Atlanta Journal-Constitution reported on November 4, 2016 that the Gwinnett County, Georgia Courts have begun using a texting system to keep jurors updated on the status of their service. The system will notify people... Continue reading
Posted Nov 11, 2016 at Juries
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Martin Lederman The Law (?) of the Lincoln Assassination Abstract: Shortly after John Wilkes Booth killed Abraham Lincoln, President Andrew Johnson directed that Booth’s alleged coconspirators be tried in a makeshift military tribunal, rather than in the Article III court... Continue reading
Posted Nov 10, 2016 at Juries
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Here is a brief article in the Texas Lawyer that discusses, jurors, patents, and the new jury consultant tv show, Bull. Texas Lawyer: Dr. Bull and the Jury's Role: East Texas, Patents and Juries Continue reading
Posted Nov 9, 2016 at Juries
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Emma Henderson Kirsty Duncanson A Little Judicial Direction: Can the Use of Jury Directions Challenge Traditional Consent Narratives in Rape Trials? Abstract: For the past 25 years, Victoria has engaged in a process of almost constant creation and revision of... Continue reading
Posted Nov 4, 2016 at Juries
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Cincinnati.com: Not registered to vote? You won't be a juror Continue reading
Posted Nov 3, 2016 at Juries
Here is the juror questionnaire currently in use for the Ray Tensing Murder trial. As some may know, especially those in Southwest Ohio, this high profile trial involves the shooting death of an unarmed African-American motorist by a white police... Continue reading
Posted Oct 26, 2016 at Juries
Most know that you can raise a Batson claim based on a juror's race and gender and in certain jurisdictions sexual orientation but how about skin color? That is the question currently being argued in People v. Bridgeforth. According to... Continue reading
Posted Oct 24, 2016 at Juries
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By: Suja A. Thomas, Professor of Law, University of Illinois College of Law The American jury has a certain aura internationally. Many people view the jury as a bad part of American exceptionalism. They think that juries decide lots of... Continue reading
Posted Oct 24, 2016 at Juries
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Richard Lorren Jolly Between the Ceiling and the Floor: Making the Case for Required Disclosure of High-Low Agreements to Juries Abstract: Parties are increasingly using high-low agreements to limit the risks of litigation. High-low agreements are contracts in which defendants... Continue reading
Posted Oct 21, 2016 at Juries
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In Hurst v. Florida, the Florida Supreme Court struck down a state law that permitted the death penalty even when only 10 of 12 jurors were in agreement. Florida, which has put executions on hold since January, was one of... Continue reading
Posted Oct 18, 2016 at Juries
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Here is a recoding of the oral argument of Pena-Rodriguez v. Colorado which was argued last week before the U.S. Supreme Court. Continue reading
Posted Oct 17, 2016 at Juries
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Courthouse News Service:High Court Weighs Racial Bias Among Jurors NPR: Supreme Court Hears Case On Racial Bias In Jury Deliberations Wall Street Journal: Supreme Court Weighs Juror Racial Bias Against Candid Deliberations KERA News:Top Court Hears Case On Racial Bias... Continue reading
Posted Oct 12, 2016 at Juries
Inquiry Concerning Judge Decision and Order Imposing Edmund W. Clarke, Jr h/tip ABA Journal Continue reading
Posted Oct 12, 2016 at Juries
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For those who are unaware, the National Center for State Courts puts out a weekly bulletin on jury-related news. The topics for this week's bulletin can be found below. To access the latest bulletin or to subscribe to the bulletin... Continue reading
Posted Oct 7, 2016 at Juries
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Jennifer Wriggins Response to 'Keeping Cases from Black Juries: An Empirical Analysis of How Race, Income Inequality, and Regional History Affect Tort Law' Abstract: Issues of race and racism in the U.S. torts system continue to deserve much more attention... Continue reading
Posted Oct 6, 2016 at Juries
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The Atlantic has a good article on Rodriguez v. Colorado which is currently before the U.S. Supreme Court. The article provides good background information on the issue presented by Rodriguez. As some will recall, Rodriguez asks the question as to... Continue reading
Posted Oct 5, 2016 at Juries
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Nancy Marder Foster v. Chatman: A Missed Opportunity for Batson and the Peremptory Challenge Abstract: In the 2015 Term, the United States Supreme Court decided that the prosecutors in Foster v. Chatman exercised race-based peremptory challenges in violation of Batson... Continue reading
Posted Oct 4, 2016 at Juries