presumption of prejudice

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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 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 the case of State v. Arndt, 426 P.3d 804 (Wash. Ct. App. 2018).  The issues we address are: Internet research on Google and Wikipedia to find a definition of premeditation, the presumption of prejudice and whether that presumption can be overcome or rebutted, credibility determinations at an evidentiary hearing, and a working definition of the abuse of discretion standard of review.

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Share SM JUROR podcast episodes & videos with your colleagues#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 …

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

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Share SM JUROR podcast episodes & videos with your colleaguesWhen suspected jury taint is reported to the trial court, does invited error preclude relief? You may be surprised. Watch SM JUROR’s video analysis of the juror misconduct issues in Fairbanks v. State, No. 49A02-1707-CR-1675, 2018 WL 4003474 (Ind. Ct. App. Aug. 1, 2018). Issues involve …

When suspected jury taint is reported to the trial court, does invited error preclude relief? Read More »

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Share SM JUROR podcast episodes & videos with your colleaguesDoes a juror’s cell phone use to access information at trial create a presumption of prejudice from juror misconduct? You may be surprised. Watch SM JUROR’s video analysis of the juror misconduct issues in Edge v. State, 815 S.E.2d 146 (Ga. Ct. App. 2018). Issues involve …

Does a juror’s cell phone use to access information at trial create a presumption of prejudice from juror misconduct? Read More »

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Share SM JUROR podcast episodes & videos with your colleaguesThe following is SM JUROR’s slideshare analysis of Wolfe v. Peery, No. 115CV00957DADSABHC, 2016 WL 7655159