Federal Panel Faults Trial Judge for Not Holding Hearing on Juror Bias Claim
In United States v. Gemar, the U.S. Court of Appeals for the 5th Circuit found the trial court abused its discretion by denying defendant’s motion for new trial based on juror bias without holding an evidentiary hearing. Two months after trial, counsel for Gemar “learned that Juror 27 in Mr. Gemar’s trial failed to provide honest and complete information during voir dire.” According to the defense, “Juror 27 was a close friend to Mr. Gemar’s wife . . . during high school.” Gemar's wife submitted a declaration stating that she and Juror 27 attended a school dance together in 1995 or 1996, Juror 27 attended the Gemars’ wedding in 2005, and she and Juror 27 had communicated over social media between 2009 and 2017. Photographs and screenshots attached as exhibits to the declaration corroborate these claims. According to her declaration, Gemar’s wife had not been present in the courtroom during voir dire, but she had been in the courtroom throughout trial. Gemar argued Juror 27’s prior romantic relationship with the defendant’s wife necessitated, at a minimum, a questioning before the court.” Gemar asserts that such questioning would reveal that Juror 27 was actually biased, entitling Gemar to a new trial. The appellate court remanded the case directing the trial judge to hold an evidentiary hearing into “juror 27’s possible biases and any other pertinent issues.”
Louisiana House Intends to Repeal Mandatory Jury Sequestration During Final Deliberations
The Times-Picayune and NOLA.com report that the Louisiana house overwhelmingly (87 to 17) passed Bill 271that would repeal a longstanding policy that mandates that jurors who have begun deliberating must be sequestered or continue uninterrupted until they reach a verdict. The bill, if passed by the senate, would give judges discretion to send jurors home after each day’s attempt to reach a verdict. Criminal justice advocates, along with the state associations of district attorneys and judges, support Bill 271. Its backers say the bill ensures more robust deliberations and fairer verdicts. Its few opponents, including House Speaker Pro Tem Tanner Magee, worry that a break in deliberations would give jurors access to their phones, televisions, and friends and family and could increase the temptation to explore or discuss the case. Supporters say there's little evidence that would happen, and it is outweighed by the prospect of better-considered verdicts. The news article noted that last month an East Baton Rouge jury deliberated until 1:30 a.m. before announcing they could not reach a verdict in a rape trial. Days before, an Orleans Parish jury deadlocked after midnight in a second-degree murder trial.
The Cotton State AG Joins the Media Roar Over Jury Verdict
According to NEWS4, Alabama attorney general Steve Marshall went on television to speak out against social media claims that Coley McCraney was wrongly convicted by a jury of murder because a drunken police officer allegedly confessed to the murder. The news story ends with, “Despite the convictions, a small group rallied outside the Dale County Courthouse in support of McCraney who maintains his innocence.” The situation demonstrates how a jury trial can have a second life outside of a courtroom.
Clarification Regarding LA County Public Transportation Program for Jurors
In the last issue of the Jur-E Bulletin, we reported on the partnership between the LA County Superior Court and the LA County Metropolitan Transportation Authority 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. We stated, “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.” We need to clarify that $12 is the maximum daily reimbursement amount for those taking public transit in California and that jurors are paid daily $0.34 per mile roundtrip with no cap on mileage reimbursements.