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So we do not have oto follow Judge instructions? | 871 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
So we do not have oto follow Judge instructions?
Authored by: Anonymous on Sunday, August 26 2012 @ 10:53 AM EDT
This is correct.

The bizarre nature and more than usual bias out of Groklaw is disappointing.

[ Reply to This | Parent | # ]

So we do not have oto follow Judge instructions?
Authored by: eric76 on Sunday, August 26 2012 @ 12:07 PM EDT

That is not true.

Take a look at IMPROPER JURY DISCUSSIONS/FAILURE TO DELIBERATE. It provides a number of examples of problems that have arisen during jury deliberations. For example

State v. Furutani,
873 P.2d 51 (Haw. 1994).

Circuit court's grant of new trial in case involving theft and failure to report income was affirmed because jurors discussed the defendant's failure to testify, making remarks that indicated they believed if he was innocent he would have testified on his own behalf and try to "prove his innocence."

...

United States v. Hall,
85 F.3d 367(8th Cir. 1996).

Remand required for government to rebut presumption of prejudice where jurors overheard bench conference where other crimes discussed.

...

State v. Larue,
722 P.2d 1039 (Haw. 1986).

Second degree rape and first degree sexual abuse convictions were reversed and remanded for a new trial because juror relayed her own experiences when she was once touched as a child, thereby vouching for the minor child's testimony.

...

Gibbs v. State,
291 S.W.2d 320 (Tex. Crim. App. 1956).

Criminal conviction and sentence were reversed because, during punishment deliberations, juror remarked to those jurors wanting to ask for suspended sentence that other jurors wanted defendant to get forty years, after which the jurors who were originally in favor of a suspended sentence voted to give defendant some time in the penitentiary.

...

Russ v. State,
95 So.2d 594, 600 (Fla. 1957).

"Where a juror on deliberation [relies on or] relates to the other jurors material facts claimed to be within his personal knowledge, but which are not adduced in evidence . . . it is misconduct which may vitiate the verdict."

There are a number of such cases mentioned in the link. The above are just a few I noticed while skimming through the document.

[ Reply to This | Parent | # ]

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