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Thaddeus Hoffmeister

Professor

Recent Activity

NBA Hall of Famer Fined for Missing Jury Duty

Ray Allen, who had an illustrious career in the NBA, was fined $1,000 for missing court after being selected to serve as a juror on a criminal trial. According to Allen's attorney, there was a misunderstanding about the actual start... Continue reading

Posted Mar 24, 2022 at Juries

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Latest Edition of the Jur-E Bulletin

The Risks of Open-Court Voir Dire Demonstrated in Second Theranos Fraud Trial Law 360 reports on last week’s jury selection in the trial of former Theranos executive Ramesh “Sunny” Balwarni in a California federal court. Prospective jurors were questioned about... Continue reading

Posted Mar 18, 2022 at Juries

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Role of the Jury Consultant

Jury consultant Christina Marinakis has a very thoughtful piece in the National Law Review discussing how she performs her job. National Law Review: Can Jury Consultants Predict How a Juror Will Vote in Deliberation? Continue reading

Posted Mar 16, 2022 at Juries

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Latest Edition of the Jur-E Bulletin

The Case of the Juror Who Punches Himself During Deliberations In State of Washington v. Norman, a jury found the defendant guilty of assault. During deliberations the foreperson informed the court that juror 9 was punching his face during stressful... Continue reading

Posted Mar 11, 2022 at Juries

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Religious Convictions

Anna Offit Religious Convictions The Anglo-American jury emerged at a time when legal and religious conceptions of justice were entwined. Today, however, though the American public remains comparatively religious, the country’s legal system draws a distinction between legal and religious... Continue reading

Posted Mar 7, 2022 at Juries

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Latest Edition of the Jur-E Bulletin

Alaska Case Demonstrates Legal Perils of Livestreaming Jury Trials The Sun Journal’s description of State of Alaska v. Downs is a case study in how intentional actions of a trial judge combined with unintentional technical glitches can lead to a... Continue reading

Posted Feb 25, 2022 at Juries

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The Interested Expert Problem and the Epistemology of Juries

Alexander Guerrero Abstract The existence of experts raises a host of interesting questions in social, legal, and political epistemology. This article introduces and discusses interested experts – people who are experts on some topic, but who also have a distinct... Continue reading

Posted Feb 22, 2022 at Juries

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Maryland Looking to Lift Ban on Felons Serving on Juries

At present, Maryland, like most states, prohibits felons from sitting on juries. In fact, Maryland goes further than most states and bans anyone who has served more than one year in jail. This prohibition may soon come to an end... Continue reading

Posted Feb 20, 2022 at Juries

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Latest Edition of the Jur-E Bulletin

North Carolina Supreme Court Finds a Batson Violation – For the First Time Since 1986 In a 4 to 3 ruling last week, the state high court in State v. Clegg determined the trial judge improperly denied a Batson claim.... Continue reading

Posted Feb 18, 2022 at Juries

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Palin Jurors Show the Challenges of Adjudicating in the Digital Age

As some may know, former Governor Palin was unsuccessful in her recent libel suit against the NY Times. However, prior to rendering their decision on Tuesday, several jurors learned beforehand that Judge Jed S. Rakoff, the presiding judge, was going... Continue reading

Posted Feb 17, 2022 at Juries

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Vermont Considering Moving Away from Unanimous Civil Jury Verdicts

Presently, Vermont is considering legislation to allow supermajority verdicts in civil cases. S.178 , which is currently before the Vermont Senate Judiciary Committee, would only require agreement from two-thirds of jurors unless the parties in the case agree otherwise. If... Continue reading

Posted Feb 16, 2022 at Juries

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Jury Rates May Go From $30 to $100 in Virginia

Legislation that would raise jury pay from $30 to $100 a day has cleared the Virginia Senate Judiciary Committee on a 13-0 vote. Next stop is the Senate Finance and Appropriations Committee. The bill was originally introduced by Lynwood Lewis,... Continue reading

Posted Feb 9, 2022 at Juries

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Scott Peterson Juror Offered Immunity

Attorneys for Scott Peterson are attempting to get their client's death sentence overturned by claiming that Richelle Nice, one of the jurors who sat on Peterson's jury, was biased. As some may recall, Scott Peterson was sentenced to death for... Continue reading

Posted Feb 8, 2022 at Juries

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Latest Edition of the Jury-E Bulletin

Defense Attorney’s Interjection of Racial Stereotypes During Jury Selection Leads to Conviction Reversal In Dean v. Narvaiza, Mr. Dean was convicted of attempted murder and lesser charges. During jury selection, his lawyer asked the prospective jurors if they had any... Continue reading

Posted Feb 4, 2022 at Juries

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The Constitutional Right to Bench Trial

Guha Krishnamurthi University of Oklahoma College of Law Abstract Sometimes juries are prejudiced against the defendant. Juries may be predisposed to find a defendant guilty because of the nature of the charges. They may be predisposed to find a defendant... Continue reading

Posted Feb 3, 2022 at Juries

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Dallas Prosecutors No Longer Making Recommendations to the Grand Jury

Prosecutors present evidence to grand juries in order to obtain indictments. Due to the control that prosecutors have in the grand jury room, many believe that grand juries serve only as a rubber stamp. To help remove or reduce this... Continue reading

Posted Jan 30, 2022 at Juries

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Latest Edition of the Jury-E-Bulletin

Judge Requires a Juror to Serve After Unsuccessful Efforts to Rehabilitate The civil jury trial inGuerrero v. Cardenaspresents an extraordinary example of a judge not only trying to rehabilitate jurors who do not want to be jurors in a case... Continue reading

Posted Jan 28, 2022 at Juries

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Webinar on "Arizona’s Groundbreaking Venture…Eliminating Peremptory Challenges in Jury Selection," at 3 PM ET on Thursday, January 27

Peremptory Challenges in Jury Selection January 27, 2022 3:00 PM ET On January 1, 2022, Arizona became the first state in the nation to eliminate peremptory challenges, the ability of attorneys or parties to object to selecting a proposed juror... Continue reading

Posted Jan 25, 2022 at Juries

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State v. Plain (Fair Cross Section)

In State v. Kevin Plain, the African-America defendant challenged his harassment conviction arguing that his right to an impartial jury was violated when 49 potential jurors showed up for jury selection and only 1 was an African-American. His trial took... Continue reading

Posted Jan 24, 2022 at Juries

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Juror Removed for Wearing Confederate Symbol Clothing

In a growing trend, courts in the South are taking steps to remove confederate symbols from the courthouse. Last year, a Tennessee appellate court overturned an African-American's criminal convictions because the jury that found him guilty deliberated in a room... Continue reading

Posted Jan 21, 2022 at Juries

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Juror Misconduct in the Ghislane Maxwell Trial

Professor Stephen Carter, in an article for Bloomberg, discusses the challenges of getting a criminal conviction overturned because of juror misconduct. Bloomberg: Ghislaine Maxwell’s Conviction Can Survive a Juror’s Disclosure Continue reading

Posted Jan 11, 2022 at Juries

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California Expanding Jury Rolls

In an effort to empanel more diverse juries, California will now pull names from tax rolls. The court currently relies on drivers licenses and voter registration to call people for jury duty. krcrtv.com: CA courts will use state income tax... Continue reading

Posted Jan 3, 2022 at Juries

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The Original Criminal Jury

Jeff Hetzel Abstract In early America, the criminal jury decided matters of law. The prosecutor and defense counsel read aloud to the jury from statutes, precedent, and treatises. The presiding judge instructed the jury that it had the power to... Continue reading

Posted Dec 27, 2021 at Juries

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Many juries in America remain mostly White, prompting states to take action to eliminate racial discrimination in their selection

Washington Post has an article examining different reform efforts around the country to remove racial discrimination in jury selection. As efforts to reform the criminal justice system at the federal level have largely stalled, state policymakers are opening a new... Continue reading

Posted Dec 19, 2021 at Juries

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Jurors and English

Interesting Q and A with Jasmine Gonzales Rose about English proficiency and jury service. Parkrapidenterprise.com: Minnesota jurors must speak English — some worry that's a proxy for race in jury selection Continue reading

Posted Dec 13, 2021 at Juries

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