North Carolina Gov. Roy Cooper declared July to be “Juror Appreciation Month” which is, to the best of our knowledge, a first for the state.
Conviction Overturned on Basis of Prosecutor Striking One Black Juror
Washington state has been a leader in attempting to come up with workable procedures to enforce the Batson doctrine, named for Batson v. Kentucky, a U.S. Supreme Court ruling that a prosecutor may not use a peremptory challenge in a criminal case to exclude jurors based solely on their race. After establishing a working group to come up with refined courtroom procedures to enforce anti-discrimination policies in jury selection, the state supreme court in 2018 adopted a rulethat states an objective standard to determine whether there has been an unconstitutional removal of potential jurors based on race or ethnicity for trial judges. Now, an intermediate appellate panel has overturned the conviction of a black defendant because the prosecutor unjustifiably used a peremptory strike against the sole black venire member.
Jury Foreman in Public Corruption Trial Shares Insights into What Made Final Deliberations Effective
Daniel Berkline gave an enlightening interview to the Honolulu Civil Beat about how his jury reached its verdict after a day and a half of deliberations in a lengthy, high profile case. He recounted how the deliberations happened in a methodical way, where everyone came together as a group and worked through the verdict form "count by count, bullet point by bullet point, defendant by defendant.” He said, among other things, it helped that all the jurors, some from the neighbor islands, were engaged throughout the trial. Berkline noted that many times when people work together in a group some people sit back and do nothing, others talk a lot and the rest are the "in-between" people who do the work. "I think where we lucked out is that I think we had 12 in-betweens.”
'Are you a fan of Mississippi State or Ole Miss? Will that affect your judgment?' = Permissible Voir Dire Question. Why?
In Mississippi, when the longtime head coach of the Mississippi State University squad sued the NCAA for accusing him of conducting improper recruitment practices, thejudge allowed the defense to probe the football allegiances of prospective jurors. The story portrays how a case can involve layers of adversarial intrigue.
Three-Time Scofflaw Juror Misses Jail Time
Judge Ralph Strother of the Waco Texas 19th State District Court was ready to incarcerate 20-year-old Robert Flores-Martinez after he failed to show up for jury service for the third time in a row. Just as an arrest warrant was issued, Flores-Martinez showed up. Instead of jailing the scofflaw, Judge Strother issued a $100 fine, saying Flores-Martinez’s problems with English contributed to his errors.
'Rogue Juror' Defined
California statutorily defines a “rogue juror” as someone who, in a mischievous way, wanders apart from fellow jurors, does not follow the court's instructions, and violates the juror's oath. (See CACI No. 100.) An appellate panel in the case of Nodal v. Cal-West Rain, Inc. gave contextual meaning to that definition. The defendant Cal-West was being sued for faulty management of an irrigation pipe system, leading to the injury of Nodal. During final deliberations, one of the jurors, a pipe fitter with 35 years of experience, opposed the views of those who thought Cal-West was liable. He insisted, based on his experience, that there was no negligence. A 9-3 verdict was rendered for Cal-West. In overturning the verdict, the appellate court concluded that the pipefitter committed misconduct by using his specialized knowledge to cast his vote rather than the evidence submitted at trial. As one of the appellate judges stated “a juror may not vote or influence other jurors based upon asserted expertise on a matter not in evidence at trial. This is juror misconduct which raises a presumption of prejudice. Here, it was not rebutted and we reverse.”
We Want to Know About Jury Innovators
NCSC is accepting nominations for the G. Thomas Munsterman Award for Jury Innovation, which recognizes states, local courts, or individuals who have made significant improvements or innovations in jury procedures, operations, or practices. If you know a group or individual who deserves to be nominated, contact Greg Mize. Be sure to complete and include this form with your nomination.
