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Thaddeus Hoffmeister
Professor
Recent Activity
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Juror Internet Misconduct: A Survey of New Hampshire Superior Court Judges BROOKE LOVETT SHILO This Note examines the prevalence of Internet-related juror misconduct in the New Hampshire Superior Court and the efforts of Superior Court judges to detect and prevent... Continue reading
Posted yesterday at Juries
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At least one media outlet in Cleveland is reporting that a paralegal has been dimissed from a murder case because of her Facebook Friends List which included the county prosecutor and other high level officials in the prosecutor's office. Interestingly,... Continue reading
Posted 2 days ago at Juries
The latest mishap involved a sequestered juror who brought a laptop into his hotel room. The juror claims that he only checked sports scores; however, the judge seemed somewhat dubious of that explanation. Regardless of why the juror accessed his... Continue reading
Posted 3 days ago at Juries
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Renee Lettow Lerner Abstract (to read the entire article go here): The Federal Bill of Rights and state constitutions rely heavily on procedural protections, especially jury rights. Supporters of these rights at the founding praised the jury in extravagant terms,... Continue reading
Posted 4 days ago at Juries
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Jonathan Koehler John B. Meixner Abstract (to read the entire article go here): What are the goals that researchers who conduct jury simulations have or should have? Drawing on Pennington and Hastie (1981), we identify three primary goals: (1) develop... Continue reading
Posted Oct 16, 2014 at Juries
The retrial of John Goodman, multi-millionaire industrialist and polo magnate, is not off to a good start as several jury issues have already cropped up. CBS 12 News: Felon on Goodman jury case’s latest juror issue WPBF: Goodman juror heckled... Continue reading
Posted Oct 15, 2014 at Juries
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The taped recording of the oral argument for Warger v. Shauers is now available at Chicago-Kent's Oyez website. Based on the questions posed by the Supreme Court Justices, it does not appear that they are all that interested in allowing... Continue reading
Posted Oct 14, 2014 at Juries
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Mark W. Bennett Abstract (to read the entire article go here): In the age of the vanishing civil jury trial an experienced federal district judge pens a fictitious obituary for the American Trial Lawyer. The American trial lawyer (ATL), who,... Continue reading
Posted Oct 13, 2014 at Juries
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The Victoria Law Commission has finalized its report on juror empanelment. The report, which is available here, examines the following three areas peremptory challenges and the Crown's right to stand aside calling of the panel in court by name or... Continue reading
Posted Oct 9, 2014 at Juries
Today, the United States Supreme Court will hear oral argument in Warger v. Shauers. Sheila Birnbaum will be arguing for respondent (Randy D. Shauers). Sarah E. Harrington who represents the solicitor general's office will also be arguing for the respondent.... Continue reading
Posted Oct 8, 2014 at Juries
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Jason Iuliano Abstract (to read the entire article go here) The special verdict is plagued by two philosophical paradoxes: the discursive dilemma and the lottery paradox. Although widely discussed in the philosophical literature, these paradoxes have never been applied to... Continue reading
Posted Oct 7, 2014 at Juries
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If anyone needed further proof that social media has dramatically impacted jurors and jury service, I recommend reading a recent article from the SF Gate entitled Hashtag fail: Dear jurors, please stop live-tweeting your #juryduty. In the article, the author... Continue reading
Posted Oct 6, 2014 at Juries
Last week, Federal Judge George O'Toole denied Dzhokhar Tsarnaev's request to move his trial out of Boston. As some will recall, Mr. Tsarnaev is charged with carrying out the Boston Marathon bombing. The judge believes that despite widespread media reports... Continue reading
Posted Oct 3, 2014 at Juries
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Most of us are aware of social media's influence on petit jurors. Who hasn't heard about attorneys using social media to investigate jurors or jurors using social media to contact each other or third parties? What is less known is... Continue reading
Posted Oct 2, 2014 at Juries
The article below and the study it cites makes a strong argument for allowing non-citizen jurors. According to the article, in criminal proceedings, non-citizens face higher sentences than those who are citizens. The article goes on to say that undocumented... Continue reading
Posted Oct 1, 2014 at Juries
SCOTUS Blog: Argument preview: Justices to resolve circuit split on juror testimony ... WDTN: Selecting jurors to choose life or death for Arias NWTimes: Lawyers argue over juror anonymity in gang trial Pittsburgh Post Gazette: Alternate jurors' role can be... Continue reading
Posted Sep 30, 2014 at Juries
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Neil Joel Dilloff Melissa Rubin Roth Abstract (to read the entire article go here) You have spent several hours selecting a jury in a civil case. In accordance with the usual Maryland procedure, the jurors were sworn and the trial... Continue reading
Posted Sep 29, 2014 at Juries
The article below discusses how the latest 3D laser scanners help Ohio prosecutors bring the crime scene to jurors in the courtroom. According to Bureau of Criminal Investigation Analyst Megan Timlin, “this brings the jury to the crime scene without... Continue reading
Posted Sep 26, 2014 at Juries
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On Oct 10th, IIT Chicago-Kent College of Law will be holding a conference entitled Juries and Lay Participation: American Perspectives and Global Trends. The one-day conference will feature a series of panel discussions on juror bias, the jury as a... Continue reading
Posted Sep 25, 2014 at Juries
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Judge Royce Lamberth has appointed an attorney to look into how two sitting jurors are being treated by their employers. Unfortunately, some employers don't quite understand that you can't retaliate or punish a person for serving as a juror. Fortunately,... Continue reading
Posted Sep 24, 2014 at Juries
On October 15th the ABA is offering a CLE entitled Using Social Media in the Jury Selection Process. The CLE runs from 1:00-2:30. According to the ABA's website this seminar will touch upon ABA Formal Ethics Opinion 466 Best practices... Continue reading
Posted Sep 23, 2014 at Juries
One federal court in Louisiana is considering imposing some of the toughest restrictions in the country on post-trial juror contact and discussions. The proposed changes include: - Requiring attorneys to obtain permission from the court prior to contacting jurors -... Continue reading
Posted Sep 22, 2014 at Juries
This is the second time that I have seen a death row conviction overturned because of a juror's improper use of the Internet. The first case, Dimas-Martinez v. Arkansas, involved a juror who could not stop tweeting about the trial.... Continue reading
Posted Sep 19, 2014 at Juries
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Ralph A. Peeples Catherine T. Harris Abstract (to read the entire article go here): This article examines the amount recovered in 118 wrongful death cases filed in a single jurisdiction (North Carolina) over a five year period. The dataset is... Continue reading
Posted Sep 18, 2014 at Juries
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The article below, which focuses on the state of Ohio, highlights a growing trend around the country. When given the choice between the death penalty and life without parole (LWP), jurors increasingly choose the latter. The article gives three reasons... Continue reading
Posted Sep 17, 2014 at Juries