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Thaddeus Hoffmeister
Professor
Recent Activity
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The vast majority of judges in this country allow attorneys to use social media to research jurors. Now, a particular judge may place some type of stipulation on the research such as the attorney must share it with opposing counsel... Continue reading
Posted yesterday at Juries
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James M. Binnall Abstract Maine is the only jurisdiction in the United States that places no limitations on a convicted felon’s juror eligibility. Instead, Maine screens prospective felon-jurors using their normal jury selection procedures. In recent years, scholars have suggested... Continue reading
Posted Sep 10, 2018 at Juries
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Here is an excellent story about the troubled life of Russell William Tucker who is currently on death row in North Carolina. It appears that the only thing that may save his life is the unconstitutional jury selection practices of... Continue reading
Posted Sep 6, 2018 at Juries
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A grand juror, Leslie Lynn Heburn, a 37-year-old Miami woman, pled guilty to obstruction of justice and was sentenced to one year and a day in prison for revealing secret grand jury information. According to the article below, the grand... Continue reading
Posted Sep 4, 2018 at Juries
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Here is Paul Manafort's change of venue motion for his upcoming second trial involving his work as a lobbyist in the Ukraine. As some are aware, Manafort has already been convicted earlier this month on tax and bank fraud charges.... Continue reading
Posted Aug 31, 2018 at Juries
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As discussed on this blog numerous times, efforts are underway in both Oregon and Louisiana to prohibit non-unanimous jury verdicts. At present, Oregon and Louisiana are the only two states that allow split verdicts in criminal trials. These reform efforts... Continue reading
Posted Aug 30, 2018 at Juries
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Judge David John Harvey Abstract This paper is about the steps that may be taken to dilute but not totally eliminate the prejudicial effect of on-line material that relates to a defendant about to stand trial. It is posited upon... Continue reading
Posted Aug 28, 2018 at Juries
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No, so long as the contact is non-threatening. Judge N. William Delker of New Hampshire determined that convicted felon, Richard Moore, did nothing wrong by writing to the jury forewoman to find out why he was found guilty. Not surprisingly,... Continue reading
Posted Aug 27, 2018 at Juries
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Taint on the Jury? The Minnesota Court of Appeals issued an opinion in State v. Crenshaw on August 20, 2018. Mr. Crenshaw was convicted of several sexual offenses with a minor and received a life sentence. During jury deliberations, as... Continue reading
Posted Aug 24, 2018 at Juries
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WashingtonPost.com: Lone holdout on Manafort jury blocked conviction on all counts, juror says Continue reading
Posted Aug 23, 2018 at Juries
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CNN has an article discussing the background of some of the jurors who sat in judgment of Paul Manafort. As some might have heard, Mr. Manafort, one time campaign manager for Donald Trump, was convicted yesterday of 8 criminal counts... Continue reading
Posted Aug 22, 2018 at Juries
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John Campbell Abstract Frequently, civil plaintiff trial attorneys want to test how different demands made in closing argument impact case outcomes. They worry that in admitted liability cases (where only damages are at issue) that asking for too much money... Continue reading
Posted Aug 21, 2018 at Juries
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While most want unanimous juries and there is a push to change the law in the two remaining states (Louisiana and Oregon) that permit non-unanimous juries, the desire for reform is not universal. For example, the Louisiana Attorney General, Jeff... Continue reading
Posted Aug 20, 2018 at Juries
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Anna Offit Abstract This article offers an unprecedented empirical window into prosecutorial discretion drawing on long-term participatory research between 2013 and 2017. The central finding is that jurors play a vital role in federal prosecutors’ decision-making, professional identities, and formulations... Continue reading
Posted Aug 9, 2018 at Juries
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ABAJournal.com: Louisiana, Oregon should require unanimous juries for felony convictions, ABA House urges Continue reading
Posted Aug 6, 2018 at Juries
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A Juror Who Knew the Victim The Court of Appeals, Sixth Appellate District of Texas at Texarkana rendered an opinion in Taylor v. State on July 31, 2018. Mr. Taylor was charged with sexual offenses relating to a child. He... Continue reading
Posted Aug 3, 2018 at Juries
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In Re Manriquez Petitioner Abelino Manriquez filed an original habeas corpus petition in this court seeking relief from his multiple murder convictions and death sentence. We issued an order to show cause with respect to petitioner’s claim that prejudicial juror... Continue reading
Posted Jul 31, 2018 at Juries
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The NY Daily News has an interesting story about a romance in the courtroom involving a cooperating witness and a juror. It remains to be seen whether or not this short-lived love affair will be enough to overturn the defendant's... Continue reading
Posted Jul 31, 2018 at Juries
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Randomly Selecting Alternate Jurors The July/August 2018 edition of the Utah Bar Journal has an excellent article titled Should Alternate Jurors be Selected in a Statistically Fair, Random Method? by Blake P. Hills, Esq. and Brian C. Hills, Esq. The... Continue reading
Posted Jul 27, 2018 at Juries
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In People v. Woodruff, the California Supreme Court reversed a death sentence because of the erroneous exclusion of a prospective juror (D.K.). D.K.'s removal was based solely on his responses to his juror questionnaire. When asked about his views on... Continue reading
Posted Jul 24, 2018 at Juries
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Maria T. Kolar Abstract In the modern death penalty era in America, two findings have emerged as generally required before a murderer can be sentenced to death. First, the decisionmaker must find that the murder was especially egregious, due to... Continue reading
Posted Jul 24, 2018 at Juries
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The Remedy Following a Batson Violation The Supreme Court of the State of Arizona issued an opinion in State v. Urrea on July 11, 2018. Following a jury trial, Mr. Urrea was tried and convicted of transporting a narcotic drug... Continue reading
Posted Jul 13, 2018 at Juries
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Here is an excellent report that looks at the District Attorney's office in one Mississippi county that has repeatedly removed black jurors at a much higher rate than white jurors. The report was thoroughly written and provides insight on how... Continue reading
Posted Jul 12, 2018 at Juries
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Richard Jolly Abstract Jury nullification has become an unhelpful concept. Traditionally, it has referred to those instances in which the jury delivers a verdict that is deliberately in contradiction with a clear outcome due to either disagreement with the law... Continue reading
Posted Jul 11, 2018 at Juries
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Collateral Consequences as a Consideration in the Right to a Jury Trial Calculation On June 21, 2018 the District of Columbia Court of Appeals sitting en banc rendered a decision inJean-Baptiste Bado v. United States. Mr. Bado appealed his conviction... Continue reading
Posted Jul 6, 2018 at Juries