The SM JUROR Podcast on Juror Misconduct Law-logo

The SM JUROR Podcast on Juror Misconduct Law

Education Podcasts >

The SM JUROR Podcast on Juror Misconduct Law is hosted by Nilgun Aykent Zahour, Attorney at Law, and our motto is: "Don't let juror misconduct taint your verdict." We analyze current state and federal juror misconduct cases and provide attorneys with strategies to identify, preserve and advance juror misconduct issues at trial, and on appeal, under the abuse of discretion standard of review.

The SM JUROR Podcast on Juror Misconduct Law is hosted by Nilgun Aykent Zahour, Attorney at Law, and our motto is: "Don't let juror misconduct taint your verdict." We analyze current state and federal juror misconduct cases and provide attorneys with strategies to identify, preserve and advance juror misconduct issues at trial, and on appeal, under the abuse of discretion standard of review.
More Information

Location:

United States

Description:

The SM JUROR Podcast on Juror Misconduct Law is hosted by Nilgun Aykent Zahour, Attorney at Law, and our motto is: "Don't let juror misconduct taint your verdict." We analyze current state and federal juror misconduct cases and provide attorneys with strategies to identify, preserve and advance juror misconduct issues at trial, and on appeal, under the abuse of discretion standard of review.

Twitter:

@smjuror

Language:

English

Contact:

630-849-3070


Episodes

#21: The injection of a juror's personal experiences and a juror's translation efforts

12/17/2018
More
Palma v. Rite Aid Corp., No. B280445, 2018 WL 3640482 (Cal. Ct. App. Aug. 1, 2018). Summary: Nilgün Aykent Zahour analyzes the juror misconduct issues in Palma v. Rite Aid Corp., No. B280445, 2018 WL 3640482 (Cal. Ct. App. Aug. 1, 2018). The issues we’re going to discuss are evidence of a juror’s personal experiences, factors used in rebutting the presumption of prejudice, a juror’s self-translation efforts, sleeping jurors, and jurors who would not deliberate. Remember to use the coupon...

Duration:00:25:27

#20: A LinkedIn notification of the viewing of a party’s profile leads to research of social media profiles & Google search histories to prove juror misconduct.

12/15/2018
More
United States v. Harris, No. 15CR335-2, 2018 WL 3869579 (N.D. Ohio Aug. 15, 2018) and United States v. Harris, 881 F.3d 945 (6th Cir. 2018). Nilgun Aykent Zahour and SM JUROR analyze the juror misconduct issues in United States v. Harris, No. 15CR335-2, 2018 WL 3869579 (N.D. Ohio Aug. 15, 2018) and United States v. Harris, 881 F.3d 945 (6th Cir. 2018). The issues we’re going to discuss are Internet research by both a juror and his girlfriend, Google search histories, colorable claims of...

Duration:00:38:12

#19: Does a text message to a juror, “Please don’t send my brother to jail,” result in jury tampering?

12/12/2018
More
Wallace v. Superintendent Unknown Banks, No. 3:15CV669-CWR-RHW, 2018 WL 3852624 (S.D. Miss. July 9, 2018), report and recommendation adopted sub nom. Wallace v. Banks, No. 316CV00669CWRRHW, 2018 WL 3846324 (S.D. Miss. Aug. 13, 2018). Nilgun Aykent Zahour & SM JUROR analyze the juror misconduct issues in Wallace v. Superintendent Unknown Banks, No. 3:15CV669-CWR-RHW, 2018 WL 3852624 (S.D. Miss. July 9, 2018), report and recommendation adopted sub nom. Wallace v. Banks, No....

Duration:00:19:53

#18: Trivial juror misconduct and the ineffective assistance of counsel claim

12/10/2018
More
People v. Colville, No. 336405, 2018 WL 6252034 (Mich. Ct. App. Nov. 29, 2018). Nilgun Aykent Zahour & SM JUROR analyze the juror misconduct issues in People v. Colville, No. 336405, 2018 WL 6252034 (Mich. Ct. App. Nov. 29, 2018). The issues we're going to discuss are juror comments made to the trial court's law clerk and ineffective assistance of counsel claims based on trivial juror misconduct. Remember to use the coupon code "podcast25", exclusively for our podcast listeners, for $25...

Duration:00:15:08

#17: The delay in presenting known juror misconduct backfires

12/7/2018
More
People v. Lowe, No. 2014-04891, 2018 WL 6071990 (N.Y. App. Div. Nov. 21, 2018). Nilgun Aykent Zahour & SM JUROR analyze the juror misconduct issues in People v. Lowe, No. 2014-04891, 2018 WL 6071990 (N.Y. App. Div. Nov. 21, 2018). The issues we're going to discuss are the effect of the unexplained delay in notifying the trial court of known juror misconduct, and the denial of a motion for evidentiary hearing to further investigate any alleged juror misconduct. Remember to use the coupon...

Duration:00:11:20

#16: The juror who says he will find the defendant guilty regardless of the evidence

12/5/2018
More
Brooks v. State, No. 73730-COA, 2018 WL 6134216 (Nev. App. Nov. 19, 2018). Nilgun Aykent Zahour & SM JUROR analyze the juror misconduct issues in Brooks v. State, No. 73730-COA, 2018 WL 6134216 (Nev. App. Nov. 19, 2018). The issue we're going to discuss is whether prejudice exists when jurors hear another juror, who wants to be excused, blurt out that he will find the defendant guilty regardless of the evidence. Remember to use the coupon code "podcast25", exclusively for our podcast...

Duration:00:08:32

#15: Rebutting the presumption of prejudice when jurors do internet research

12/3/2018
More
Baker v. State, No. 18A-CR-1025, 2018 WL 6257066 (Ind. Ct. App. Nov. 30, 2018). Nilgun Aykent Zahour & SM JUROR analyze the juror misconduct issues in Baker v. State, No. 18A-CR-1025, 2018 WL 6257066 (Ind. Ct. App. Nov. 30, 2018). The issues we're going to discuss are how a juror's internet research establishes a presumption of prejudice and how the presumption is rebutted through juror testimony and the cumulative nature of the evidence. Remember to use the coupon code "podcast25",...

Duration:00:11:31

#14: Does the jury's use of technology to enhance visual acuity result in experimentation and juror misconduct?

11/30/2018
More
State v. Dulin, No. 1 CA-CR 18-0044, 2018 WL 6217154 (Ariz. Ct. App. Nov. 29, 2018). Nilgun Aykent Zahour & SM JUROR analyze the juror misconduct issues in State v. Dulin, No. 1 CA-CR 18-0044, 2018 WL 6217154 (Ariz. Ct. App. Nov. 29, 2018). The issue we're going to discuss is whether the jury's use of a laptop to "zoom in" on surveillance photos amounts to experimentation and juror misconduct.

Duration:00:08:23

#13: Does an alternate juror's presence in the jury room during deliberations result in improper communications?

11/19/2018
More
Martz v. State, No. 13-17-00382-CR, 2018 WL 3655437 (Tex. App. Aug. 2, 2018). Nilgun Aykent Zahour & SM JUROR analyze the juror misconduct issues in Martz v. State, No. 13-17-00382-CR, 2018 WL 3655437 (Tex. App. Aug. 2, 2018). The issues we're going to discuss are whether an alternate juror's presence in the jury room during deliberations amounts to improper communications and juror misconduct, the importance of considering less drastic alternatives before moving for a mistrial and issue...

Duration:00:14:14

#12: Can the bailiff's interactions with a juror, who wants to be excused, lead to a new trial?

11/14/2018
More
State v. Whitaker, No. 75924-8-I, 2018 WL 5784812 (Wash. Ct. App. Nov. 5, 2018). Nilgun Aykent Zahour & SM JUROR analyze the juror misconduct issues in State v. Whitaker, No. 75924-8-I, 2018 WL 5784812 (Wash. Ct. App. Nov. 5, 2018). The issues we're going to discuss are the interactions between the bailiff and the jury; a juror's request to be excused due safety concerns and his dismissal, and juror comments which may signal premature deliberations. Remember to use the coupon code...

Duration:00:29:55

#11: The trial court's broad discretion in investigating juror misconduct

11/7/2018
More
State v. Anderson, No. 34655-2-III, 2018 WL 5734623 (Wash. Ct. App. Nov. 1, 2018). Nilgun Aykent Zahour & SM JUROR analyze the juror misconduct issues in State v. Anderson, No. 34655-2-III, 2018 WL 5734623 (Wash. Ct. App. Nov. 1, 2018). The issues we’re going to discuss are the trial court's broad discretion in conducting investigations of alleged juror misconduct; jurors who see newspaper or media accounts of the trial during the trial; and jurors who know testifying...

Duration:00:10:49

#10: The request to release the jury’s contact information because one juror conducted internet research

11/5/2018
More
People v. Bohl, 2018 COA 152. Nilgun Aykent Zahour & SM JUROR analyze the juror misconduct issues in the case of People v. Bohl, 2018 COA 152, decided on November 1, 2018. The issues we’re going to discuss are the denial of a motion to access juror contact information to prove juror misconduct after an evidentiary hearing; text messages between a juror's wife and an attorney which reveal a juror performed outside research; and the finding that a timeline of events is not extraneous...

Duration:00:17:15

#9: Does a juror's incorrect belief about the law result in juror misconduct?

11/2/2018
More
State v. Dressner, 2018-0828 (La. 10/29/18). #9: Does a juror's incorrect belief about the law result in juror misconduct? We analyze the juror misconduct issues in State v. Dressner, 2018-0828 (La. 10/29/18). The issues we’re going to discuss are a juror's alleged incorrect beliefs about the law, a juror's mental processes, the Louisiana "Shield Law", which is their state version of Federal Rule of Evidence 606(b); juror affidavits that are inadmissible under these rules; and the...

Duration:00:11:05

#8: Does the jury's use of playback tools to enhance video evidence result in juror misconduct?

10/29/2018
More
People v. Daniels, No. D074033, 2018 WL 4327873 (Cal. Ct. App. Sept. 11, 2018). We analyze the juror misconduct issues in the case of People v. Daniels, No. D074033, 2018 WL 4327873 (Cal. Ct. App. Sept. 11, 2018). The issues we’re going to discuss are playback tools the jury uses when video evidence is sent back to the jury room and whether changing the contrast ratio on a TV monitor amounts to new evidence. Remember to use the coupon code "podcast25", exclusively for our podcast...

Duration:00:08:23

#6: Juror's internet research on premeditation definition did not prejudice the convicted murderer

10/23/2018
More
State v. Arndt, 426 P.3d 804 (Wash. Ct. App. 2018). #6: Juror's internet research on premeditation definition did not prejudice the convicted murderer. Nilgun Aykent Zahour and SM JUROR analyze the juror misconduct issues in the case of State v. Arndt, 426 P.3d 804 (Wash. Ct. App. 2018). The issues we address are: Internet research on Google and Wikipedia to find a definition of premeditation, the presumption of prejudice and whether that presumption can be overcome or rebutted,...

Duration:00:14:53

#7: A juror suspects the jury deliberated without him while he was in the bathroom. Is this juror misconduct?

10/23/2018
More
Monroe v. City of Seattle, No. 76478-1-I, 2018 WL 3738995 (Wash. Ct. App. Aug. 6, 2018). #7: A juror suspects the jury deliberated without him while he was in the bathroom. Is this juror misconduct? We analyze the juror misconduct issues in the case of Monroe v. City of Seattle, No. 76478-1-I, 2018 WL 3738995 (Wash. Ct. App. Aug. 6, 2018). The issues we’re going to discuss are suspected juror misconduct and the burden of proof, a juror’s change of mind, the jury’s collective thought...

Duration:00:07:09

#5: A juror's romantic feelings toward an attorney

10/17/2018
More
State v. Jenkins, 422 P.3d 72 (Kan. 2018). #5: A juror's romantic feelings toward an attorney. We analyze the juror misconduct issues in the case of State v. Jenkins, 422 P.3d 72 (Kan. 2018). Specific issues we discuss are: (1) A juror’s gifts to the prosecutor; (2) a juror’s romantic feelings toward an attorney; (3) the use of an evidentiary hearing to determine whether or not there was juror misconduct; (4) the timing of the alleged juror misconduct. Remember to use the coupon code...

Duration:00:07:17

#4: Can a juror's questions about the burden of proof lead to juror misconduct?

10/15/2018
More
Woods v. State, 2018 WL 4776185 (Nev. Sept. 21, 2018). #4: Can a juror's questions about the burden of proof lead to juror misconduct? We analyze the juror misconduct issues in the case of Woods v. State, 2018 WL 4776185 (Nev. Sept. 21, 2018). The issues we’re going to discuss are: the burden of proof in juror misconduct cases & evidence involving objective facts, a juror’s state of mind, & the deliberative process, the presumption that the jury follows instructions, and the fact that...

Duration:00:09:11

#3: Establishing a presumption of prejudice in suspected juror misconduct cases

10/5/2018
More
Fairbanks v. State, No. 49A02-1707-CR-1675, 2018 WL 4003474 (Ind. Ct. App. Aug. 1, 2018). #3: Establishing a presumption of prejudice in suspected juror misconduct cases. We examine the juror misconduct issues in the case of Fairbanks v. State, No. 49A02-1707-CR-1675, 2018 WL 4003474 (Ind. Ct. App. Aug. 1, 2018). The question we’re going to answer in today's podcast is this: Your law clerk sees a juror in the hallway looking possibly at a YouTube “how to” video on police investigations...

Duration:00:10:50

#2: Look out for the Scripture quoting pastor-juror in death penalty cases

10/4/2018
More
Halvorsen v. White, No. 15-5147, 2018 WL 3993716 (6th Cir. Aug. 20, 2018). #2: Look out for the Scripture quoting pastor-juror in death penalty cases. We analyze the juror misconduct issues in Halvorsen v. White, No. 15-5147, 2018 WL 3993716 (6th Cir. Aug. 20, 2018) and answer the question: Is there juror misconduct when a juror, who is a pastor with strong religious convictions, quotes Scripture to support his views on the death penalty when the defendant was convicted of...

Duration:00:09:12