rebuttable presumption

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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 colleaguesThe following is SM JUROR’s slideshare analysis of Wolfe v. Peery, No. 115CV00957DADSABHC, 2016 WL 7655159