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| Authored by: Anonymous on Thursday, September 06 2012 @ 10:25 PM EDT |
In short no.
In a more complex answer. You're pulling a "Hogan".
Juries decide facts. Generally speaking findings of fact
cannot be appealed. What is appealed are the process under
which the facts are obtained and the laws under on which
those facts were obtained. So generally jury verdicts cannot
be appealed.
There are however two ways that the jury verdict can be set
aside. The first is a JMOL -- judgement as a matter of law
colloquially known as a summary judgement. Where the judge
decides that "no reasonable jury" could determine something
from the evidence presented. The judge can overturn all or
part of a verdict this way.
The second is jury misconduct. Which is what we are looking
for here. ( Let me point out that we are actually looking
for both, but the jurors statements point more to
misconduct. ) This is when there is a serious deviation from
what is expected in behavior in deliberations. In this case
the jury relied on outside expert testimony namely the
foremans.
Asking for a mistrial based on jury misconduct is a very
whispy sort of thing in terms of the law. Jury deliberations
are supposed to be held in the highest regard, and often
times even major wrongdoing by the jury is ignored. I think
the circumstances in this case are very unique.
Mouse the Lucky Dog
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| Authored by: Anonymous on Thursday, September 06 2012 @ 11:32 PM EDT |
An impartial juror?
I thought one of the most important jobs of the attorneys was to make the jury
partial to their evidences and persuasions.
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- Impartial Juror - Authored by: Anonymous on Friday, September 07 2012 @ 05:28 AM EDT
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| Authored by: symbolset on Friday, September 07 2012 @ 03:19 AM EDT |
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