Jury Innovation—Round #2
That is the title of an article in the latest issue of Court Review (the journal of the American Judges Association). The author, Judge Gregory E. Mize (ret.), who is also the editor of the Jur-E Bulletin, recounts the history of jury trial innovation efforts over the last thirty years, highlighting both “top-down” leadership by courts and bar organizations and “bottom up” initiatives by judges, trial practitioners, social scientists, and members of the legal academy. Moving to modern times, he highlights reforms underway in several court systems to address problems that have resisted solutions. The vanguard courts include a handful of state supreme courts that recently unveiled the inadequacies of Batson doctrine enforcement and the ineffectiveness of traditional voir dire practices. The piece concludes with a blueprint for other courts and jury trial caretakers to make additional, concrete commitments to improving how jury trials are conducted. “Jury Trial Innovations—Round #2” aims to enlarge a critical mass of troops devoted to eradicating practices that keep minorities outside of jury deliberation rooms and any traditions that stand in the way of better summoning, voir dire, juror comprehension, and deliberations. The author hopes a cadre of new leaders will include not only members of bench, bar, and the academy, but also trial consultants and other specialists. Perhaps too, some Jur-E Bulletin readers!
Judge Blocks Subpoena Seeking Former Jurors' Testimony
More than 20 years ago, an Alabama jury convicted Coley McCraney of murdering two teenagers. Now his public defenders are seeking a new trial based upon assertions that three jurors used social media during the trial (including once during final deliberations). Mr. McCraney’s defense team recently sought subpoenas to require former jurors to testify about their conduct during the trial. News4 in Dothan, Alabama this week reported Dale County Circuit Judge William Filmore denied the request to issue subpoenas and set July 17 for a hearing on the motion for a new trial.
After 6 Months & 2,000 Jurors Summoned—Jury Selection Continues in Atlanta
The Jur-E Bulletin months ago reported on the exceedingly slow process of selecting a jury in a gang and racketeering case involving Atlanta rapper Young Thug. Well, guess what, The Atlanta Journal-Constitution reports voir dire is still ongoing for these reasons:
A series of delays, ranging from contraband being brought into court to jurors getting in trouble, have further delayed the process. One defense attorney was arrested, another had his laptop seized and a courtroom deputy was recently jailed, accused of having an inappropriate romantic relationship with one of the defendants. There have also been multiple instances of drugs being brought into court, law enforcement officers scuffling with defendants and potential jurors being held in contempt.
Is SCOTUS Backtracking on the Curtis Flower Case Outcome?
NBC News reporter Lawrence Hurley analyzed the Supreme Court’s recent refusal to hear an appeal from Mississippi death row inmate Tony Clark based upon state prosecutors using peremptory strikes to eliminate seven out of eight Blacks in the venire. Hurley writes: Robert Dunham, a lawyer who specializes in the death penalty, said the statistical evidence of race discrimination in the case was “extremely strong” but was not addressed by the state court. [He added:]“The [Supreme] Court’s refusal to intervene, especially after having reversed the same state court for the same violations, exhibits willful indifference to discrimination to reach a result-oriented outcome.” The court's ruling in the Flowers case in some ways emphasized how the court is more likely to lament racial bias in the justice system when focusing on individual misconduct while stopping short of making sweeping statements that will have broad impact, said Elisabeth Semel, a professor at the University of California, Berkeley, School of Law.