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Thaddeus Hoffmeister
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Ethan Leib Steven Thel Abstract (to read the entire article go here): Revisiting Bill Whitford’s work on the role of the jury in contract interpretation and his work on consumer form contracting inspired us to take a careful look at... Continue reading
Posted 3 hours ago at Juries
The USA Today has an interesting article that discusses the various ways jurisdictions summon individuals to jury duty. USA Today: Jumping into the Jury Pool? Why you're There is Random Continue reading
Posted yesterday at Juries
Interesting unpublished opinion out of the 11th Circuit Court of Appeals. In Bates v. U.S. a three-judge panel found the following: Cameron Dean Bates is a federal prisoner serving a 240-month sentence after being convicted of eighteen counts of receiving,... Continue reading
Posted 2 days ago at Juries
The SCT has another jury issue to resolve. The question in Hana Financial v. Hana Bank is whether a judge or jury should determine if the use of an older mark may be tacked to a new one. Here are... Continue reading
Posted 2 days ago at Juries
Professor Volokh has an interesting post on the Washington Post about using Powerpoint during trial. In the case (State v. Rivera) referenced in Prof. Volokh's post, the prosecutor went over the top with his use of Powerpoint. I am a... Continue reading
Posted 3 days ago at Juries
NH Supreme Court says jury nullification statute not really a jury nullification statute. Last week, the NH Supreme Court in State v. Rich Paul had the opportunity to interpret the state's jury nullification law (RSA 519:23) which was passed in... Continue reading
Posted 5 days ago at Juries
A Florida trial judge has prohibited a criminal defense attorney from talking to a juror about his guilty verdict. The defense attorney believes that the juror in question might have applied the wrong legal standard in coming up with his... Continue reading
Posted 6 days ago at Juries
Here is one more example of how common juror investigations have become. Last night, it was the plot line for the television show How to Get Away with Murder. In fact, the show had two jury-related plots. The second involved... Continue reading
Posted 6 days ago at Juries
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 7 days ago at Juries
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 Oct 22, 2014 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 Oct 21, 2014 at Juries
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 Oct 20, 2014 at Juries
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
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
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
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
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
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
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
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