presumption that jury followed instructions

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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 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 preservation.

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Summary: Nilgün Aykent Zahour analyzes the juror misconduct issues in State v. Dressner, 2018-0828 (La. 10/29/18), 255 So. 3d 537.  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 presumption that the jury follows instructions.  

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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 colleaguesIs there ineffective assistance of counsel in failing to strike either a husband or his wife off the jury because they might talk about the case? You may be surprised. Watch SM JUROR’s video analysis of the juror misconduct issues in Shipp v. McDowell, No. SACV1602194RSHK, …

Is there ineffective assistance of counsel in failing to strike either a husband or his wife off the jury because they might talk about the case? Read More »