Is Granting a For-Cause Strike Without Movant Proffering a Reason Equivalent to an Extra Peremptory Strike?
In State v. Booker, Patrick Henry Booker asked the Iowa Supreme Court to reverse his sexual abuse conviction on grounds that the prosecutor struck the only Black juror in the venire for pretextual reasons and, with respect to another potential juror, did not explain his reasoning for making a for-cause challenge to another juror. The prosecutor stated his peremptory strike was based on 1) the juror saying he will continue to work his night-shift job during the trial, and 2) the juror disclosed his cousin was convicted of a similar crime in which he thought the cousin and his victim were both at fault in the sexual offense. The state supreme court found the rationale to be proper and not “substantially motivated by discriminatory intent.” The defendant’s second claim of error was founded on the prosecutor’s failure to state a reason for striking a different juror despite an Iowa court rule requiring parties to specify their reasons for seeking a for-cause strike. The defense argued the granting of the government’s for-cause challenge without the proffer of a reason amounts to giving an extra peremptory strike to the prosecutor. The high court rejected that reasoning and determined, “based on the discussion held in chambers, both the court and defense counsel were well aware of why the State was raising a for-cause challenge.”
Media Lawyer Provides Peek into Camera Set Ups in Televised Murdaugh Jury Trial
Jay Bender is a retired University of South Carolina professor and media lawyer who represents the S.C. Press Association and its newspapers. Bluffton Today, a Gannett publication based in Bluffton, South Carolina, analyzes the methods used by the trial court to provide television coverage of the notorious murder trial of Alex Murdaugh. For example, he shows readers how Court TV placed three remotely operated video cameras in the courtroom. One camera focused on the defense table and the defendant. One located beside the judge's bench focused on the prosecution team. The third camera was in the gallery and could be focused on the judge or the witness stand. Microphones were placed to capture the proceedings. Three Court TV personnel were in the courtroom to control the cameras, the audio feed, and the video feed. They were seated along a wall in the courtroom opposite the jury. Outside the courthouse, Court TV rented a prefabricated garage and placed it on a street running beside the courthouse to serve as a studio. Those who love to study how TV shows and movies are produced will probably enjoy this article.
Ten Years After the Race, Boston Marathon Bomber Appeals Still Pending
The Boston Globe ($$ wall) recounts the long course of litigation undertaken by Dzhokhar Tsarnaev to overturn his death sentence. While he sits on death row in a supermax prison in Florence, Colorado, his defense team has a second appeal pending in the U.S. Court of Appeals for the 1st Circuit. They argue several issues, including claims that two jurors had lied during voir dire. One juror said she had not commented about the case, but the defense found she had tweeted or retweeted 22 times about the bombings, including a retweet calling Tsarnaev a "piece of garbage.” Another juror said none of his Facebook friends had commented on the trial, yet one friend had urged him to “play the part” so he could get on the jury and send Tsarnaev “to jail where he will be taken care of.” Tsarnaev's attorney, Daniel Habib, told the appeals court, “It's difficult to imagine a more poisonous suggestion made to someone who will sit as a juror in a capital case.” (The trial judge denied a defense request to question the two jurors about the online comments while jury selection was still underway.)
Los Angeles County Jurors Provided Free Public Transit Option
Presiding Judge Samantha P. Jessner and Executive Officer/Clerk of Court David W. Slayton announced this week a partnership between the court and the Los Angeles County Metropolitan Transportation Authority (LA Metro) whereby all jurors can receive an “EPass” that provides free public transit to and from jury service at any of the court's 23 courthouses where jury trials are held. The court will provide jurors an EPass upon request in lieu of the standard juror mileage reimbursement. (The juror mileage allowance remains an option at $.34 per mile and is now available for round trips, up to a maximum of $12 per day.) The EPass is available to all jurors or potential jurors at the end of their first day of service.