SM JUROR

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.

Summary: Nilgün Aykent Zahour analyzes the juror misconduct issues in Brooks v. State, No. 73730-COA, 2018 WL 6134216 (Nev. App. Nov. 19, 2018). The issue we’re going to discuss is whether prejudice exists when jurors hear another juror, who wants to be excused, blurt out that he will find the defendant guilty, regardless of the evidence.

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.

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.

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.

Summary: Nilgün Aykent Zahour analyzes the juror misconduct issues in State v. Whitaker, No. 75924-8-I, 2018 WL 5784812 (Wash. Ct. App. Nov. 5, 2018).  The issues we’re going to discuss are the interactions between the bailiff and the jury; a juror’s request to be excused due safety concerns and his dismissal, and juror comments which may signal premature deliberations.

Summary: Nilgün Aykent Zahour analyzes the juror misconduct issues in State v. Anderson, No. 34655-2-III, 2018 WL 5734623 (Wash. Ct. App. Nov. 1, 2018). The issues we’re going to discuss are the trial court’s broad discretion in conducting investigations of alleged juror misconduct; jurors who see newspaper or media accounts of the trial during the trial; and jurors who know testifying witnesses.

Summary:  Nilgün Aykent Zahour analyzes the juror misconduct issues in the case of People v. Bohl, 2018 COA 152, decided on November 1, 2018.  The issues we’re going to discuss are the denial of a motion to access juror contact information to prove juror misconduct after an evidentiary hearing, text messages between a juror’s wife and an attorney which reveal a juror performed outside research, and the finding that a timeline of events is not extraneous evidence.

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.  

Summary: Nilgün Aykent Zahour analyzes the juror misconduct issues in the case of People v. Daniels, No. D074033, 2018 WL 4327873 (Cal. Ct. App. Sept. 11, 2018).  The issues we’re going to discuss are playback tools the jury uses when video evidence is sent back to the jury room and whether changing the contrast ratio on a TV monitor amounts to new evidence.