Juror Misconduct Law in Review

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shifting of the burden of proof

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.

Does 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 jurors’ cell phone use, the presumption of prejudice and …

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