burden of proof

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An examination of the juror misconduct issues in State v. Baumgartner, No. 46386, 2019 WL 6463113 (Idaho Ct. App. Dec. 2, 2019).

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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.

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Summary: Nilgün Aykent Zahour analyzes 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 extraneous influence, Remmer evidentiary hearings, and unsuccessful searches on the Internet and LinkedIn of parties, witnesses, attorneys and judges.

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Summary: Nilgün Aykent Zahour analyzes 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 processes and speculation.

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Summary:  Nilgün Aykent Zahour analyzes the juror misconduct issues in 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 and evidence involving objective facts, a juror’s state of mind and the deliberative process, the presumption that the jury follows instructions, and the fact that there is no prejudice when the parties agree on how the trial court should respond to juror questions during deliberations.

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Share SM JUROR podcast episodes & videos with your colleaguesDoes an alternate juror’s presence in the jury room during deliberations result in improper communications and juror misconduct? You may be surprised. Watch SM JUROR’s video analysis of the juror misconduct issues in Martz v. State, No. 13-17-00382-CR, 2018 WL 3655437 (Tex. App. Aug. 2, 2018). …

Does an alternate juror’s presence in the jury room during deliberations result in improper communications and juror misconduct? Read More »