Episode 3: Establishing a presumption of prejudice in suspected juror misconduct cases

Share SM JUROR podcast episodes & videos with your colleagues
Episode 3 of The SM JUROR Podcast on Juror Misconduct Law: Establishing a presumption of prejudice in suspected juror misconduct cases

#3: Establishing a presumption of prejudice in suspected juror misconduct cases.  Attorney, Nilgun Aykent Zahour, & SM JUROR analyze the juror misconduct issues in the case of Fairbanks v. State, No. 49A02-1707-CR-1675, 2018 WL 4003474 (Ind. Ct. App. Aug. 1, 2018).

The question we’re going to answer in today’s podcast is this:

Your law clerk sees a juror in the hallway looking possibly at a YouTube “how to” video on police investigations and credibility.  What does a party need to prove in cases of suspected juror misconduct to appeal his conviction?

Issues included suspected juror misconduct, the presumption of prejudice & rebutting the presumption, invited error, and a juror’s cell phone use to possibly research police investigations & credibility on YouTube.

Remember to use the coupon code “podcast25”, exclusively for our podcast listeners, for $25 off our CLE entitled, “Facebook & Today’s Juror: 2017’s 10 Biggest Juror Misconduct Events” which has been accredited & approved for 1.5 general CLE credit hours in 30 states. Click here to register for our CLE.

Because the ONLY evidence you want the jury to consider … is in the courtroom.


Click on the box below to join the free SM JUROR newsletter to get information on current juror misconduct cases including case law analyses, CLE webinars, slideshares, news and more.

Don’t let juror misconduct taint your verdict…

Leave a Comment

Your email address will not be published. Required fields are marked *