no prejudice

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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.  

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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 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.

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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 colleaguesCan juror contact with the victim’s family prove prejudicial juror misconduct? You may be surprised. Watch SM JUROR’s video analysis of the juror misconduct issues in Montalvo v. State, No. 73667, 2018 WL 3544970 (Nev. July 20, 2018). Issues involve ineffective assistance of counsel, juror contact …

Can juror contact with the victim’s family prove prejudicial juror misconduct? Read More »