juror misconduct

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Summary: In Episode #25 of the SM JUROR Podcast, Juror Misconduct Law in Review, Attorney Nilgün Aykent Zahour analyzes the juror misconduct issues in State v. Rojas, No. 2 CA-CR 2018-0271, 2019 WL 4051861 (Ariz. Ct. App. Aug. 28, 2019). Issue: Does the jury’s knowledge of publicized videotaped trial proceedings on social media prejudice the defendant?

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Summary: In Episode #24 of the SM JUROR Podcast, Juror Misconduct Law in Review, Attorney Nilgün Aykent Zahour analyzes the juror misconduct issues in Vasquez Juarez v. State, No. 2452, SEPT.TERM,2017, 2019 WL 4187473 (Md. Ct. Spec. App. Sept. 3, 2019). Issue: In denying defendant’s motion for mistrial, did the trial court abuse its discretion in refusing to voir dire a juror who may have known a trial witness?

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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 Wallace v. Superintendent Unknown Banks, No. 3:15CV669-CWR-RHW, 2018 WL 3852624 (S.D. Miss. July 9, 2018), report and recommendation adopted sub nom. Wallace v. Banks, No. 316CV00669CWRRHW, 2018 WL 3846324 (S.D. Miss. Aug. 13, 2018).  The issues we’re going to discuss are text messages to a juror, jury tampering, improper communications, and procedural bars. 

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Summary: Nilgün Aykent Zahour analyzes the juror misconduct issues in People v. Colville, No. 336405, 2018 WL 6252034 (Mich. Ct. App. Nov. 29, 2018).  The issues we’re going to discuss are juror comments made to the trial court’s law clerk and ineffective assistance of counsel claims based on trivial juror misconduct.

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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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Summary: Nilgün Aykent Zahour analyzes the juror misconduct issues in Baker v. State, No. 18A-CR-1025, 2018 WL 6257066 (Ind. Ct. App. Nov. 30, 2018).  The issues we’re going to discuss are how a juror’s internet research establishes a presumption of prejudice and how the presumption is rebutted through juror testimony and the cumulative nature of the evidence.

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Summary: Nilgün Aykent Zahour analyzes the juror misconduct issues in State v. Dulin, No. 1 CA-CR 18-0044, 2018 WL 6217154 (Ariz. Ct. App. Nov. 29, 2018).  The issue we’re going to discuss is whether the jury’s use of a laptop to “zoom in” on surveillance photos amounts to experimentation and juror misconduct.

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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.