decoration decoration
Stories

GROKLAW
When you want to know more...
decoration
For layout only
Home
Archives
Site Map
Search
About Groklaw
Awards
Legal Research
Timelines
ApplevSamsung
ApplevSamsung p.2
ArchiveExplorer
Autozone
Bilski
Cases
Cast: Lawyers
Comes v. MS
Contracts/Documents
Courts
DRM
Gordon v MS
GPL
Grokdoc
HTML How To
IPI v RH
IV v. Google
Legal Docs
Lodsys
MS Litigations
MSvB&N
News Picks
Novell v. MS
Novell-MS Deal
ODF/OOXML
OOXML Appeals
OraclevGoogle
Patents
ProjectMonterey
Psystar
Quote Database
Red Hat v SCO
Salus Book
SCEA v Hotz
SCO Appeals
SCO Bankruptcy
SCO Financials
SCO Overview
SCO v IBM
SCO v Novell
SCO:Soup2Nuts
SCOsource
Sean Daly
Software Patents
Switch to Linux
Transcripts
Unix Books

Gear

Groklaw Gear

Click here to send an email to the editor of this weblog.


You won't find me on Facebook


Donate

Donate Paypal


No Legal Advice

The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

Here's Groklaw's comments policy.


What's New

STORIES
No new stories

COMMENTS last 48 hrs
No new comments


Sponsors

Hosting:
hosted by ibiblio

On servers donated to ibiblio by AMD.

Webmaster
Can you appeal against a juror? | 221 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Can you appeal against a juror?
Authored by: Anonymous on Thursday, September 06 2012 @ 10:41 PM EDT
Juror Misstatements of Law.. since hogan seems to have represented himself as a expert..?

kind of like "Negligence judgment reversed and remanded for a new trial because juror erroneously stated the law of negligence in that he said defendant could not be negligent if he had not been ticketed for his actions."

Parallels seem to exist in the other cases, too.

this is criminal cases, but would these still apply?

http://www.capdefnet.org/hat/contents /constitutional_issues/ jury_misconduct/JUROR%20MISSTATEMENTS%20OF%20LAW.pdf

[ Reply to This | Parent | # ]

RULE 606. JUROR’S COMPETENCY AS A WITNESS
Authored by: Anonymous on Thursday, September 06 2012 @ 10:56 PM EDT
hogan kept talking i his interviews about his own patent and he vigorously understood everything...

what about this - "(B) an outside influence was improperly brought to bear on any juror; or"

http://www.law.cornell.edu/rules/fre/rule_606

"On the other hand, simply putting verdicts beyond effective reach can only promote irregularity and injustice. The rule offers an accommodation between these competing considerations."

[ Reply to This | Parent | # ]

  • RULE 606. JUROR’S COMPETENCY AS A WITNESS - Authored by: starsky on Thursday, September 06 2012 @ 11:31 PM EDT
    • Both! - Authored by: Anonymous on Friday, September 07 2012 @ 10:01 AM EDT
      • neither - Authored by: Anonymous on Friday, September 07 2012 @ 01:19 PM EDT
        • neither - Authored by: Anonymous on Friday, September 07 2012 @ 11:53 PM EDT
          • neither - Authored by: Anonymous on Saturday, September 08 2012 @ 09:23 AM EDT
Can you appeal against a juror?
Authored by: Anonymous on Friday, September 07 2012 @ 10:38 AM EDT
IANAL

Short answer - YES!

This is almost a classical case of a jury making a decision based on nothing
more than whim, not facts.

Of great importance is the fact that the jury foreman had bluntly stated that
their decision was made pure whim on numerous public forms a number of different
times.

In situation such as this a jury's findings can be nullified.

Will it be nullified? PJ or others more knowledgeable can answer that question
better than I but I believe it will be.

[ Reply to This | Parent | # ]

Groklaw © Copyright 2003-2013 Pamela Jones.
All trademarks and copyrights on this page are owned by their respective owners.
Comments are owned by the individual posters.

PJ's articles are licensed under a Creative Commons License. ( Details )