Juror Misconduct Law in Review

State v. Baumgartner, No. 46386, 2019 WL 6463113 (Idaho Ct. App. Dec. 2, 2019). Summary: Attorney Nilgün Aykent Zahour analyzes the juror misconduct issues in State v. Baumgartner, No. 46386, 2019 WL 6463113 (Idaho Ct. App. Dec. 2, 2019).  Issue: What to do with the laughing juror.

Unit Drilling Co. v. Gilmore, No. 13-17-00594-CV, 2019 WL 5089763 (Tex. App. Oct. 10, 2019). Summary: Attorney Nilgün Aykent Zahour analyzes the juror misconduct issues in Unit Drilling Co. v. Gilmore, No. 13-17-00594-CV, 2019 WL 5089763 (Tex. App. Oct. 10, 2019). Issue: Does the jury's inadvertent consideration of the defendant's insurance policy result in prejudicial juror misconduct?

State v. Rojas, No. 2 CA-CR 2018-0271, 2019 WL 4051861 (Ariz. Ct. App. Aug. 28, 2019). Summary: 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?   

Vasquez Juarez v. State, No. 2452, SEPT.TERM,2017, 2019 WL 4187473 (Md. Ct. Spec. App. Sept. 3, 2019). Summary: 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?  

State v. Kaiser, No. A17-0571, 2018 WL 2407187 (Minn. Ct. App. May 29, 2018). Summary: Nilgün Aykent Zahour analyzes the juror misconduct issues in State v. Kaiser, No. A17-0571, 2018 WL 2407187 (Minn. Ct. App. May 29, 2018). The issue we’re going to discuss is whether a sequestered jury’s fear of not being fed adversely influenced or pressured them in their deliberations. 

Daley v. J.B. Hunt Transp., Inc., 187 Conn. App. 587, 203 A.3d 635 (2019). Summary: Nilgün Aykent Zahour analyzes the juror misconduct issues in Daley v. J.B. Hunt Transp., Inc., 187 Conn. App. 587, 203 A.3d 635 (2019). The issue we’re going to discuss is whether the trial court erred in declining to conduct a post-verdict evidentiary hearing to determine whether a juror, who suffered memory gaps with possible Alzheimer’s disease, was competent to serve on the jury.

Palma v. Rite Aid Corp., No. B280445, 2018 WL 3640482 (Cal. Ct. App. Aug. 1, 2018). 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.   Remember to use the coupon code "podcast25", exclusively for our podcast listeners, for $25 off our CLE entitled, "Facebook & Today's Juror: 2017's 10 Biggest Juror Misconduct Events" which has been accredited & approved for 1.5 general CLE credit hours in 30 states. Click here to register for our CLE. Don't let juror misconduct taint your verdict...

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). Nilgun Aykent Zahour and SM JUROR analyze 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. Remember to use the coupon code "podcast25", exclusively for our podcast listeners, for $25 off our CLE entitled, "Facebook & Today's Juror: 2017's 10 Biggest Juror Misconduct Events" which has been accredited & approved for 1.5 general CLE credit hours in 30 states. Click here to register for our CLE. Don't let juror misconduct taint your verdict...

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).  Nilgun Aykent Zahour & SM JUROR analyze 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.  Remember to use the coupon code "podcast25", exclusively for our podcast listeners, for $25 off our CLE entitled, "Facebook & Today's Juror: 2017's 10 Biggest Juror Misconduct Events" which has been accredited & approved for 1.5 general CLE credit hours in 30 states. Click here to register for our CLE. Don't let juror misconduct taint your verdict...

People v. Colville, No. 336405, 2018 WL 6252034 (Mich. Ct. App. Nov. 29, 2018). Nilgun Aykent Zahour & SM JUROR analyze 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. Remember to use the coupon code "podcast25", exclusively for our podcast listeners, for $25 off our CLE entitled, "Facebook & Today's Juror: 2017's 10 Biggest Juror Misconduct Events" which has been accredited & approved for 1.5 general CLE credit hours in 30 states. Click here to register for our CLE. Don't let juror misconduct taint your verdict...

People v. Lowe, No. 2014-04891, 2018 WL 6071990 (N.Y. App. Div. Nov. 21, 2018). Nilgun Aykent Zahour & SM JUROR analyze 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. Remember to use the coupon code "podcast25", exclusively for our podcast listeners, for $25 off our CLE entitled, "Facebook & Today's Juror: 2017's 10 Biggest Juror Misconduct Events" which has been accredited & approved for 1.5 general CLE credit hours in 30 states. Click here to register for our CLE. Don't let juror misconduct taint your verdict...

Brooks v. State, No. 73730-COA, 2018 WL 6134216 (Nev. App. Nov. 19, 2018). Nilgun Aykent Zahour & SM JUROR analyze 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. Remember to use the coupon code "podcast25", exclusively for our podcast listeners, for $25 off our CLE entitled, "Facebook & Today's Juror: 2017's 10 Biggest Juror Misconduct Events" which has been accredited & approved for 1.5 general CLE credit hours in 30 states. Click here to register for our CLE. Don't let juror misconduct taint your verdict...

Baker v. State, No. 18A-CR-1025, 2018 WL 6257066 (Ind. Ct. App. Nov. 30, 2018). Nilgun Aykent Zahour & SM JUROR analyze 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. Remember to use the coupon code "podcast25", exclusively for our podcast listeners, for $25 off our CLE entitled, "Facebook & Today's Juror: 2017's 10 Biggest Juror Misconduct Events" which has been accredited & approved for 1.5 general CLE credit hours in 30 states. Click here to register for our CLE. Don't let juror misconduct taint your next verdict...

State v. Dulin, No. 1 CA-CR 18-0044, 2018 WL 6217154 (Ariz. Ct. App. Nov. 29, 2018). Nilgun Aykent Zahour & SM JUROR analyze 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.  

Martz v. State, No. 13-17-00382-CR, 2018 WL 3655437 (Tex. App. Aug. 2, 2018). Nilgun Aykent Zahour & SM JUROR analyze 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. Remember to use the coupon code "podcast25", exclusively for our podcast listeners, for $25 off our CLE entitled, "Facebook & Today's Juror: 2017's 10 Biggest Juror Misconduct Events" which has been accredited & approved for 1.5 general CLE credit hours in 30 states. Click here to register for our CLE. Don't let juror misconduct taint your next verdict...

State v. Whitaker, No. 75924-8-I, 2018 WL 5784812 (Wash. Ct. App. Nov. 5, 2018). Nilgun Aykent Zahour & SM JUROR analyze 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. Remember to use the coupon code "podcast25", exclusively for our podcast listeners, for $25 off our CLE entitled, "Facebook & Today's Juror: 2017's 10 Biggest Juror Misconduct Events" which has been accredited & approved for 1.5 general CLE credit hours in 30 states. Click here to register for our CLE. Don't let juror misconduct taint your next verdict...

State v. Anderson, No. 34655-2-III, 2018 WL 5734623 (Wash. Ct. App. Nov. 1, 2018). Nilgun Aykent Zahour & SM JUROR analyze 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. Remember to use the coupon code "podcast25", exclusively for our podcast listeners, for $25 off our CLE entitled, "Facebook & Today's Juror: 2017's 10 Biggest Juror Misconduct Events" which has been accredited & approved for 1.5 general CLE credit hours in 30 states. Click here to register for our CLE. Don't let juror misconduct taint your next verdict...      

People v. Bohl, 2018 COA 152. Nilgun Aykent Zahour & SM JUROR analyze 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.  Remember to use the coupon code "podcast25", exclusively for our podcast listeners, for $25 off our CLE entitled, "Facebook & Today's Juror: 2017's 10 Biggest Juror Misconduct Events" which has been accredited & approved for 1.5 general CLE credit hours in 30 states. Click here to register for our CLE. Don't let juror misconduct taint your next verdict...

State v. Dressner, 2018-0828 (La. 10/29/18). #9: Does a juror's incorrect belief about the law result in juror misconduct?  We analyze the juror misconduct issues in State v. Dressner, 2018-0828 (La. 10/29/18). 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 jury follows instructions. Remember to use the coupon code "podcast25", exclusively for our podcast listeners, for $25 off our CLE entitled, "Facebook & Today's Juror: 2017's 10 Biggest Juror Misconduct Events" which has been accredited & approved for 1.5 general CLE credit hours in 30 states. Click here to register for our CLE. Don't let juror misconduct taint your next verdict...

People v. Daniels, No. D074033, 2018 WL 4327873 (Cal. Ct. App. Sept. 11, 2018). We analyze 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.   Remember to use the coupon code "podcast25", exclusively for our podcast listeners, for $25 off our CLE entitled, "Facebook & Today's Juror: 2017's 10 Biggest Juror Misconduct Events" which has been accredited & approved for 1.5 general CLE credit hours in 30 states. Click here to register for our CLE. Don't let juror misconduct taint your next verdict...

State v. Arndt, 426 P.3d 804 (Wash. Ct. App. 2018).   #6: Juror's internet research on premeditation definition did not prejudice the convicted murderer. Nilgun Aykent Zahour and SM JUROR analyze 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. Remember to use the coupon code "podcast25", exclusively for our podcast listeners, for $25 off our CLE entitled, "Facebook & Today's Juror: 2017's 10 Biggest Juror Misconduct Events" which has been accredited & approved for 1.5 general CLE credit hours in 30 states. Click here to register for our CLE. Click on the box below to join the free SM JUROR newsletter to get information on current juror misconduct cases including case law analyses, CLE webinars, slideshares, news and more. Don't let juror misconduct taint your next verdict...

Monroe v. City of Seattle, No. 76478-1-I, 2018 WL 3738995 (Wash. Ct. App. Aug. 6, 2018). #7: A juror suspects the jury deliberated without him while he was in the bathroom.  Is this juror misconduct?   We analyze the juror misconduct issues in the case of Monroe v. City of Seattle, No. 76478-1-I, 2018 WL 3738995 (Wash. Ct. App. Aug. 6, 2018). The issues we’re going to discuss are suspected juror misconduct and the burden of proof, a juror’s change of mind, the jury’s collective thought processes and speculation. Remember to use the coupon code "podcast25", exclusively for our podcast listeners, for $25 off our CLE entitled, "Facebook & Today's Juror: 2017's 10 Biggest Juror Misconduct Events" which has been accredited & approved for 1.5 general CLE credit hours in 30 states. Click here to register for our CLE. Don't let juror misconduct taint your next verdict...

State v. Jenkins, 422 P.3d 72 (Kan. 2018). #5: A juror's romantic feelings toward an attorney.  We analyze the juror misconduct issues in the case of State v. Jenkins, 422 P.3d 72 (Kan. 2018). Specific issues we discuss are: (1) A juror’s gifts to the prosecutor; (2) a juror’s romantic feelings toward an attorney; (3) the use of an evidentiary hearing to determine whether or not there was juror misconduct; (4) the timing of the alleged juror misconduct. Remember to use the coupon code "podcast25", exclusively for our podcast listeners, for $25 off our CLE entitled, "Facebook & Today's Juror: 2017's 10 Biggest Juror Misconduct Events" which has been accredited & approved for 1.5 general CLE credit hours in 30 states. Click here to register for our CLE.

Woods v. State, 2018 WL 4776185 (Nev. Sept. 21, 2018). #4: Can a juror's questions about the burden of proof lead to juror misconduct?   We analyze the juror misconduct issues in the case of Woods v. State, 2018 WL 4776185 (Nev. Sept. 21, 2018). The issues we’re going to discuss are: the burden of proof in juror misconduct cases & evidence involving objective facts, a juror’s state of mind, & the deliberative process, the presumption that the jury follows instructions, and the fact that there is no prejudice when the parties agree on how the trial court should respond to juror questions during deliberations. Remember to use the coupon code "podcast25", exclusively for our podcast listeners, for $25 off our CLE entitled, "Facebook & Today's Juror: 2017's 10 Biggest Juror Misconduct Events" which has been accredited & approved for 1.5 general CLE credit hours in 30 states. Click here to register for our CLE.

Fairbanks v. State, No. 49A02-1707-CR-1675, 2018 WL 4003474 (Ind. Ct. App. Aug. 1, 2018). #3: Establishing a presumption of prejudice in suspected juror misconduct cases. We examine 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 podcast is this: Your law clerk sees a juror in the hallway looking possibly at a YouTube “how to” video on police investigations and credibility.  What does a party need to prove in cases of suspected juror misconduct to appeal his conviction? Issues included suspected juror misconduct, the presumption of prejudice & rebutting the presumption, invited error, and a juror's cell phone use to possibly research police investigations & credibility on YouTube. Remember to use the coupon code "podcast25", exclusively for our podcast listeners, for $25 off our CLE entitled, "Facebook & Today's Juror: 2017's 10 Biggest Juror Misconduct Events" which has been accredited & approved for 1.5 general CLE credit hours in 30 states. Click here to register for our CLE.        

Halvorsen v. White, No. 15-5147, 2018 WL 3993716 (6th Cir. Aug. 20, 2018). #2: Look out for the Scripture quoting pastor-juror in death penalty cases. We analyze the juror misconduct issues in Halvorsen v. White, No. 15-5147, 2018 WL 3993716 (6th Cir. Aug. 20, 2018) and answer the question: Is there juror misconduct when a juror, who is a pastor with strong religious convictions, quotes Scripture to support his views on the death penalty when the defendant was convicted of murder? Additional topics are Bible-related juror misconduct, procedural default, the juror who is a pastor, and the Scripture quoting juror.    

#1: Social media juror monitoring to prevent potential juror misconduct. In this premiere episode, Nilgun Aykent Zahour, Founding Attorney of SM JUROR, examines how social media juror monitoring can be used to prevent potential juror misconduct in today's digital age.  A juror's exposure to extraneous evidence through social media, the Internet, and texting, can lead to a potentially compromised verdict. Special thanks to Arizona Attorney Magazine and Ms. Zahour's article, "The Verdict Is In: Juries, Misconduct & Social Media," which appeared in the December, 2015 issue. Remember to use the coupon code "podcast25", exclusively for our podcast listeners, for $25 off our CLE entitled, "Facebook & Today's Juror: 2017's 10 Biggest Juror Misconduct Events" which has been accredited & approved for 1.5 general CLE credit hours in 30 states. Click here to register for our CLE.