Juror Misconduct Law in Review

State v. Baumgartner, No. 46386, 2019 WL 6463113 (Idaho Ct. App. Dec. 2, 2019). Summary: In Episode #27 of the SM JUROR Podcast, Juror Misconduct Law in Review, Attorney Nilgün Aykent Zahour analyzes the juror misconduct issues in State v. Baumgartner, No. 46386, 2019 WL 6463113 (Idaho Ct. App. Dec. 2, 2019). Issue: What to do with the laughing juror. Hi everyone! This is Nilgün Zahour from SM JUROR and in Episode 27 of our podcast, Juror Misconduct Law in Review, we’re going to examine...

Unit Drilling Co. v. Gilmore, No. 13-17-00594-CV, 2019 WL 5089763 (Tex. App. Oct. 10, 2019). Summary: Attorney Nilgün Aykent Zahour analyzes the juror misconduct issues in Unit Drilling Co. v. Gilmore, No. 13-17-00594-CV, 2019 WL 5089763 (Tex. App. Oct. 10, 2019). Issue: Does the jury's inadvertent consideration of the defendant's insurance policy result in prejudicial juror misconduct?

State v. Rojas, No. 2 CA-CR 2018-0271, 2019 WL 4051861 (Ariz. Ct. App. Aug. 28, 2019). Summary: Nilgün Aykent Zahour analyzes the juror misconduct issues in State v. Rojas, No. 2 CA-CR 2018-0271, 2019 WL 4051861 (Ariz. Ct. App. Aug. 28, 2019). Issue: Does the jury’s knowledge of publicized videotaped trial proceedings on social media prejudice the defendant?

Vasquez Juarez v. State, No. 2452, SEPT.TERM,2017, 2019 WL 4187473 (Md. Ct. Spec. App. Sept. 3, 2019). Summary: Attorney Nilgün Aykent Zahour analyzes the juror misconduct issues in Vasquez Juarez v. State, No. 2452, SEPT.TERM,2017, 2019 WL 4187473 (Md. Ct. Spec. App. Sept. 3, 2019). Issue: In denying defendant’s motion for mistrial, did the trial court abuse its discretion in refusing to voir dire a juror who may have known a trial witness?

State v. Kaiser, No. A17-0571, 2018 WL 2407187 (Minn. Ct. App. May 29, 2018). Summary: Nilgün Aykent Zahour analyzes the juror misconduct issues in State v. Kaiser, No. A17-0571, 2018 WL 2407187 (Minn. Ct. App. May 29, 2018). The issue we’re going to discuss is whether a sequestered jury’s fear of not being fed adversely influenced or pressured them in their deliberations.

Daley v. J.B. Hunt Transp., Inc., 187 Conn. App. 587, 203 A.3d 635 (2019). Summary: Nilgün Aykent Zahour analyzes the juror misconduct issues in Daley v. J.B. Hunt Transp., Inc., 187 Conn. App. 587, 203 A.3d 635 (2019). The issue we’re going to discuss is whether the trial court erred in declining to conduct a post-verdict evidentiary hearing to determine whether a juror, who suffered memory gaps with possible Alzheimer’s disease, was competent to serve on the jury.

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...

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...

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. 316CV00669CWRRHW,...

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...

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...

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...

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",...

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.

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...

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...

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 witnesses. Remember...

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...

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...

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...