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Article • December 17, 2019 • from CLN January, 2020
Filed under: Juries, Witnesses
Hawai’i Supreme Court Announces New Rule Requiring Both Judges and Juries to Consider Numerous Factors in Witness ID Cases by Dale Chappell by Dale Chappell The Supreme Court of Hawai’i held on October 1, 2019, that when a judge assesses the admissibility of an eyewitness’ identification of a defendant, not …
Article • October 14, 2019
Filed under: DNA Testing/Samples, Juries
Lack of Academic Research in U.S. on Secondary DNA Transfer Affects Criminal Defendants by Steve Horn by Steve Horn The ivory tower of academia. It’s seemingly quite a long distance from the real-world implications of the U.S. criminal justice system’s often brutal iron fist.  It’s a place in which professors …
Article • March 16, 2019 • from CLN April, 2019
Ninth Circuit Holds Juror Who Wouldn’t Unequivocally State She Could Be Impartial Should Have Been Excused; New Trial Ordered Because Biased Juror Can’t Be Harmless Error by Dale Chappell by Dale Chappell In a case where a juror did not unequivocally state that she could be unbiased because she had …
Article • February 15, 2019 • from CLN March, 2019
Filed under: Juries, Trials
Jurors Showing More and More Savvy Toward Trial Evidence by Edward Lyon by Ed Lyon  For many decades, prosecutors have been the true kings of U.S. courtrooms. Longtime Dallas, Texas, prosecutor Henry Wade attained infamy for stating, “Guilty ones are easy to convict. It takes real effort to convict the …
Article • December 19, 2018
Filed under: Juries
How Jury Duty Gives You the Power to Erase Bad Laws by Joe Jarvis by Joe Jarvis, The Daily Bell There’s not a single person who has to go to prison in the USA for growing, selling, using, or possessing marijuana. But 21 states still prohibit marijuana use, cultivation, or …
Article • November 28, 2018 • from CLN December, 2018
Filed under: Juries, Habeas Corpus, AEDPA
Sixth Circuit Grants Habeas Relief When Juror Failed to Disclose History of Sexual Abuse in Sexual Assault Case by Christopher Zoukis by Christopher Zoukis The U.S. Court of Appeals for the Sixth Circuit ruled that a defendant convicted of third-degree criminal sexual conduct did not receive a fair trial because …
Article • September 20, 2018 • from CLN October, 2018
NY Court of Appeals Holds Trial Court’s Failure to Advise Defense of Jury Note Contents Constitutes Reversible Error by Dale Chappell by Dale Chappell The Court of Appeals of New York held that a trial court’s failure to make the defendant aware of the content of notes by the jury …
Article • August 20, 2018 • from CLN September, 2018
Filed under: Juries, Death Penalty
SCOTUS’ Unanimous Death-Penalty Jury Verdict Decision Affecting Florida Cases by Derek Gilna by Derek Gilna The effects of the January 2016 United States Supreme Court decision in Hurst v. Florida, 136 S. Ct. 6161 (2016), which overturned Florida’s prior law permitting non-unanimous jury verdicts in death penalty cases, continues to …
Article • August 20, 2018 • from CLN September, 2018
Filed under: Defenses, Juries
Georgia Defense Attorney Wins Another ‘Jury-Nullification’ Case by Derek Gilna by Derek Gilna Catherine Bernard, a former public defender in Laurens County, Georgia, who now practices criminal defense, won yet another “not-guilty” jury verdict in a marijuana possession trial on July 12, 2018, by utilizing a modified “jury nullification” approach. …
Article • August 17, 2018 • from CLN September, 2018
Filed under: Juries
Trial Lawyer Advocates ‘Jury Nullification’ To Acquit the Unjustly Accused by Derek Gilna by Derek Gilna Mark Bennett, a 22-year criminal trial lawyer, argues that responsible citizens have a duty to serve on a criminal jury as a reasoned observer of the trial process — and not as a pawn …
Article • July 21, 2018 • from CLN August, 2018
Filed under: Appeals, Juries
Mississippi Supreme Court Clarifies that Appellate Courts Never Serve as ‘13th Juror’ for Motion for New Trial by David Reutter by David Reutter The Supreme Court of Mississippi held that neither it nor an appellate court sits as a “thirteenth juror” when reviewing a motion for new trial. The Court …
Article • July 20, 2018 • from CLN August, 2018
Filed under: Jury Instructions, Juries
Louisiana Supreme Court: Jury May Not Speculate on Guilt When Evidence Is Lacking by Dale Chappell by Dale Chappell Where the evidence was lacking and the jury could only speculate as to the defendant’s guilt, the Supreme Court of Louisiana reversed the defendant’s conviction and entered a judgment of acquittal, …
Article • July 20, 2018 • from CLN August, 2018
Non-Unanimous Jury Verdicts Give Prosecutors ‘Awesome Power’ and Have Racist Roots by Dale Chappell by Dale Chappell Only Louisiana and Oregon allow non-unanimous jury verdicts to convict. In both states, the law allows just 10 of the 12 jurors to agree a person is guilty. While such laws give prosecutors …
Article • May 22, 2018 • from CLN June, 2018
U.S. Supreme Court: Death Penalty Case Involving Racist Juror Requires Further Consideration by Christopher Zoukis by Christopher Zoukis In a brief per curiam opinion, the United States Supreme Court vacated an Eleventh Circuit Court of Appeals decision that foreclosed potential relief for a prisoner on death row whose conviction may …
Article • November 30, 2017
Connecticut Removal of Spanish-Speaking Juror Not Reversible Without Prejudice by Mark Wilson by Mark Wilson The Connecticut Supreme Court held that the improper exclusion of a prospective Spanish-speaking juror is not reversible unless prejudice is shown. Jeffrey P. Gould was tried on a Connecticut sex crime. While the prosecutor was …
Publication • 2013
Filed under: Juries
CA Juiror Questionnaire for Civil Cases 2013
Publication
Filed under: Civil Procedure, Juries
Journal of Const Law Instructing Juries on Punitive Damages 2008 INSTRUCTING JURIES ON PUNITIVE DAMAGES: DUE PROCESS REVISITED AFTER PHILIP MORRIS V. WILLIAMS * Sheila B. Scheuerman ** Anthony J. Franze INTRODUCTION Amidst the debate over tort reform—from the annual report on 1 “Judicial Hellholes” to the rankings of the …
Publication
Filed under: Civil Procedure, Juries
Npap David Ball on Damages in Civil Rights Cases 2009 David Ball on Damages in Civil Rights Cases National Police Accountability Project A Project of the National Lawyers Guild Thursday, October 15, 2009 Marriott Renaissance Hotel Seattle Seattle, WA 98104 October 15, 2009 Dear CLE Participant: National Police Accountability Project …
Publication
Filed under: Civil Procedure, Juries
Doj Settlement Ms Re Ada Deaf Jury Service 1996