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Article • July 20, 2017
Filed under: War on Drugs, Juries
When Laws Are Unjust: A Primer on Jury Nullification by Joe Watson by Joe Watson The 2014 trial of Jacob Lavaro—a 19-year-old from Austin, Texas, who was facing five years to life for making a pound-and-a-half of pot brownies— has again provoked the ire of criminal justice reform advocates, including ...
Article • July 20, 2017
Grand Juries: Gatekeepers to the Criminal Justice System by Christopher Zoukis by Christopher Zoukis On November 30, 2014, the St. Louis County Prosecuting Attorney's Office announced that Ferguson (MO) Police Officer Darren Wilson would not be indicted in connection with Wilson's fatal shooting of unarmed teenager Michael Brown on August ...
Too Little, Too Late: Prosecutor Remorseful for Sending Innocent Man to Death Row by David Reutter The district attorney who prosecuted Glenn Ford, a Louisiana man exonerated after spending 30 years on death row, called capital punishment “an abomination that continues to scar the fibers of this society.” That statement ...
Article • July 7, 2015 • from PLN July, 2015
Filed under: Juries
Supreme Court Holds Juror’s Alleged Lies During Voir Dire Not Grounds for New Trial by Derek Gilna Supreme Court Holds Juror’s Alleged Lies During Voir Dire Not Grounds for New Trial by Derek Gilna In a decision with serious implications for criminal defense attorneys as well as civil litigants, the ...
Article • July 2, 2015
Filed under: Appeals, Juries, Trials
11th Circuit: Objection to Sleeping Juror Must be Contemporaneous by 11th Circuit: Objection to Sleeping Juror Must be Contemporaneous The Eleventh Circuit Court of Appeals upheld a district court’s order denying a new trial based on a sleeping juror because there was not a contemporaneous objection. Florida prisoner Darrel Cummings ...
Article • August 13, 2014 • from PLN August, 2014
Washington Supreme Court Recognizes Racial Bias in Jury Selection but Fails to Take Action by Mark Wilson Washington Supreme Court Recognizes Racial Bias in Jury Selection but Fails to Take Action by Mark Wilson "Peremptory challenges are used in trial courts throughout this state, often based largely or entirely on ...
Article • July 9, 2014 • from PLN July, 2014
Jury’s Tasteless Gag Gifts to Judge and Bailiff Fail to Demonstrate Unfair Trial by Jury’s Tasteless Gag Gifts to Judge and Bailiff Fail to Demonstrate Unfair Trial The Eleventh Circuit Court of Appeals has affirmed the denial of a death row prisoner’s habeas corpus petition that contended he was denied ...
Article • June 5, 2014 • from PLN June, 2014
Florida Prisoner Awarded $1.2 Million for Burn Injuries by Florida Prisoner Awarded $1.2 Million for Burn Injuries A Florida jury has awarded a prisoner $1.2 million in a negligence suit against the GEO Group, the nation’s second-largest for-profit prison company, following a trial that was delayed more than a year ...
Article • January 15, 2014 • from PLN January, 2014
Oregon: Jury Trials Required When Prosecutors Treat Misdemeanors as Violations by The Oregon Court of Appeals held on September 26, 2012 that criminal defendants are entitled to jury trials and reasonable doubt determinations when misdemeanors are reduced to violations – a ruling that was subsequently affirmed by the state Supreme ...
Article • July 15, 2013 • from PLN July, 2013
California: Eastern District Jury Pool Alleged to be Biased Against Prisoners by Defense attorneys representing two prisoners accused of murdering a federal prison guard have argued that the jury pool in the region – the Central Valley of California – is biased against prisoners due to the numerous correctional facilities ...
Publication • 2013
Filed under: Juries
CA Juiror Questionnaire for Civil Cases 2013
Article • September 15, 2012 • from PLN September, 2012
Proving Damages to the Jury, 1st Ed., by Jim Wren by John Dannenberg James Publishing, 2011). 800 pages (with CD), $70.00 Book review by John E. Dannenberg Proving Damages to the Jury is a detailed “how-to” manual that takes the reader through the psychology, reasoning, preparation and execution of a ...
Article • July 15, 2012
Ninth Circuit Acknowledges Prisoner’s Right to Extended Voir Dire in Suit Alleging Abuse by Idaho Jail Officials by The Ninth Circuit Court of Appeals held that a lower court abused its discretion in refusing a prisoner's voir dire inquiry into potential juror bias for law enforcement. Floyd Darbin was a ...
Article • June 15, 2012 • from PLN June, 2012
Judge, Not Jury, Must Resolve Questions about Administrative Exhaustion by Factual disputes surrounding whether a prisoner properly exhausted administrative remedies under the Prison Litigation Reform Act (PLRA) prior to filing suit must be resolved by the court, not a jury, the U.S. Court of Appeals for the Second Circuit held ...
Juror Misconduct Nullifies $6.5 Million California Malpractice Verdict by The California Court of Appeals upheld the reversal of a $6.5 million wrongful conviction legal malpractice damage award due to juror misconduct. During an October 11, 1996 search of a rundown apartment building, Los Angeles Police Department (LAPD) officers Rafael Perez ...
Third Circuit Troubled by Courtroom Shackling of Prisoners by The Third Circuit Court of Appeals expressed concern about shackling prisoners during a civil jury trial. However, the court concluded that any error was harmless, given a cautionary jury instruction. Anthony Sides was a prisoner at Pennsylvania's SCI Greene Correctional Facility, ...
Protective Order Denied in Privately Run Florida Juvenile Facility Class-Action Suit by David Reutter A Florida federal district court has denied a motion for a protective order filed by the defendants in a class-action lawsuit brought by five current or former residents of Thompson Academy, a juvenile facility managed by ...
Article • July 15, 2011
Federal Magistrate Judge May Conduct Voir Dire without Defendant’s Personal Consent, Supreme Court Holds by A federal magistrate judge may conduct voir dire in a criminal case upon consent of a defendant’s attorney. No personal consent by a defendant is necessary, the Supreme Court decided May 12, 2008. Homero Gonzalez ...
Article • July 15, 2011
Seventh Circuit: No Right to Jury Trial in Exhaustion Dispute by Mark Wilson By Mark Wilson The Seventh Circuit Court of Appeals held that a prisoner is not entitled to a jury trial to resolve factual disputes about his exhaustion of administrative remedies. Indiana prisoner Christopher Pavey sued several guards ...
Article • May 15, 2011
Filed under: Civil Procedure, Appeals, Juries
Washington Court of Appeals: Juror's Experiment Not Grounds for Reversal by On September 14, 2009, the Washington State Court of Appeals held that a juror's home experiment based upon testimony he heard in a murder trial was not misconduct and therefore not grounds for reversal of the conviction. Daniel Jay ...
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