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| Authored by: Anonymous on Wednesday, August 29 2012 @ 10:42 AM EDT |
I think that depends on what was said. If the juror says the
likes of "I didn't believe what their expert said" it likely
cannot be used. The juror was determining fact, which is the
juror's job. If the juror says the likes of "I didn't
believe what their expert said, I don't believe what any
<insert racial pejorative here> says", that's another matter
- the juror is no longer determining fact, merely following
prejudice. If the juror says "the prior art doesn't count
becuase it was on a different processor", that's even worse,
the juror is not only not determining fact, the juror is
(incorrectly, at that) determining law, which is not the
jury's job, that is the judge's law. At the very least the
jury should have asked the judge if their interpretation was
correct.
Or at least, that's how I see it.[ Reply to This | Parent | # ]
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| Authored by: PJ on Wednesday, August 29 2012 @ 11:46 AM EDT |
They can. The judge won't decide anything
based on that, but it could be an influence
as she decides whether or not a reasonable
jury could rule as this one did.[ Reply to This | Parent | # ]
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