juror affidavit

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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 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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Share SM JUROR podcast episodes & videos with your colleaguesCan a juror’s own affidavit, demonstrating racial bias, be used to overturn a murder conviction entered 25 years ago and give the defendant a new trial? You may be surprised. Watch SM JUROR’s video analysis of the juror misconduct issues in Tharpe v. Warden, No. 17-14027-P, …

Can a juror’s own affidavit, demonstrating racial bias, be used to overturn a murder conviction entered 25 years ago and give the defendant a new trial? 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 »