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Category - Jury Issues

1
Sep

FUGGETABOUTIT! FAILING TO GIVE A REASONABLE DOUBT INSTRUCTION – NOT A BIG DEAL SAYS CALIFORNIA SUPREME COURT!

In this strange, strange case, the judge failed to tell the jurors that they could only convict the defendant of the charged gang offense if they found it had been proved beyond a reasonable doubt. The court admits that this is federal constitutional error. But they say that itis not structural error requiring reversal, it’s …

25
Jan

JURORS CANNOT EXPERIMENT-CASE REVERSED

A deliberating juror in this case decided to conduct his own experiment on the way the alleged shooting occurred, using a broomstick. The juror was home at the time of the experiment. The law specifically prohibits jurors from conducting their own experiments to evaluate evidence. Most courts have found a way to conclude that what …

25
Jan

JURY MISCONDUCT ISSUE BLOWN-SWEAR IN YOUR JURORS OR LOSE

Wow. So many time we suspect that juror miscondcut exists, but we just can’t prove it. Here’s a sad case of actually being able to prove juror misconduct, and still losing the day. During the jury’s deliberations, one of the jurors used his iPhone to find a definition of reasonable doubt and shared that definition …

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