refusal to hold evidentiary hearing

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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.

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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 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.

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Share SM JUROR podcast episodes & videos with your colleaguesShould a juror, who fell asleep several times during trial, be discharged for good cause?  You may be surprised. Watch SM JUROR’s video analysis of the juror misconduct issues in People v. Catalan, No. F070809, 2018 WL 3968918 (Cal. Ct. App. Aug. 20, 2018). Issues involve …

Should a juror, who fell asleep several times during trial, be discharged for good cause? Read More »

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Share SM JUROR podcast episodes & videos with your colleaguesDoes the trial court abuse it discretion in denying a motion for new trial without an evidentiary hearing when a juror was texting on his cell phone during sidebars? You may be surprised. Watch SM JUROR’s video analysis of the juror misconduct issues in State v. …

Does the trial court abuse it discretion in denying a motion for new trial without an evidentiary hearing when a juror was texting on his cell phone during sidebars? Read More »