Apr 26

Jur-E Bulletin: April 26, 2019

 

Maryland High Court Tells Trial Judges, “Keep It Simple” with Voir Dire Questions

In keeping with a state trial practice, Maryland Circuit Judge Paul F. Harris, Jr., properly asked prospective jurors in a burglary and theft case if they have "any strong feelings about" burglary and theft. He made his question a compound one by further asking "to the point where you could not render a fair and impartial verdict based on the evidence." The Court of Appeals of Maryland said the judge's departure from the jury selection, or voir dire, script created an improper "compound" version of the basic "strong feelings" question that must be asked of prospective jurors at the request of the state or defense.

California Bill to Give Ex-Felons the Right to Serve on Juries Advances

Senate Bill 310, The Right to Be on a Jury Act, advances to the full Senate floor. If enacted, California will join Colorado, Illinois, Maine, and Oregon in giving ex-felons the right to serve on a jury. The bill responds to demographics that show the current felony exclusion law effectively forbids 30% of African-American men from serving on juries.

After a Capital Case Verdict, There’s Discovery — a Juror Wrote a Book on Homicide — No Consequence

The Missouri Supreme Court denied a death row defendant’s appeal claiming his lawyer, knowing that a juror was an author, did not question that juror about the contents of his writings. After the guilty verdict, defendant discovered that juror wrote a fictional book chronicling the protagonist’s brutal and graphic revenge murder of a defendant who killed the protagonist’s wife in a drunken-driving accident. The protagonist viewed the defendant as escaping justice in the court system because the defendant received only probation following his conviction. The book’s front and back covers contain illustrations of blood spatter. The back cover states the protagonist’s life changed forever when the murderer was set free. The cover states the protagonist “sought vengeance” and “seeks justice” and “knows he will die fighting the system.”

Juror Speaks About the Beauty of Jury Deliberations

After the conclusion of a Baltimore homicide case, a juror recounts the value of police body cameras and the virtues of vigorous debates during final deliberations.

NY Judges & Lawyers tell ICE to Stay Away from Courthouses

Judges, prosecutors, and public defenders in New York are telling federal immigration authorities that ICE officers’ presence at courthouses are making immigrants less willing to report crimes and assist with prosecutions. 

Homicide Trial Must Start All Over Due to Lack of Young Adults in Jury Pool

In the April 12 issue of Jur-E Bulletin, we reported that the Louisiana Supreme Court halted a homicide trial at the jury selection stage after the defendant claimed prejudice by the fact that none of the 566 potential jurors were under the age of 26. After it was discovered that the East Baton Rouge Parish computer system glitch made it impossible for people born after June 2, 1993 to be summoned for jury duty, the high court last week ordered a new trial.


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