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
Hold the retribution | 152 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Can he be charged ?
Authored by: Anonymous on Tuesday, November 13 2012 @ 03:32 PM EST
I don't know the answer to that but it should be made clear to the other jurors,
if their verdict is overturned, it's because they were fooled by this man.

[ Reply to This | Parent | # ]

Can he be charged ?
Authored by: squib on Tuesday, November 13 2012 @ 03:36 PM EST
Don't think this is the time to be a smart aleck (a British term) .
Yet, I am reminded that the East has a different view of time.
As in Softly Softly Catchee Monkey.

[ Reply to This | Parent | # ]

Can he be charged ?
Authored by: maroberts on Tuesday, November 13 2012 @ 03:51 PM EST
I feel that Hogan, when responding to the voir dire question, simply didn't
consider it carefully, in pretty much the same way he didn't consider the
evidence carefully. I don't believe he deliberately set out to mislead the
court.

Negligent? Almost certainly.
Deliberately committing a criminal offense? Nope

There should be a retrial, or in the alternative Ms Koh should make such JMOLs
as to make Mr Hogans performance irrelevant. I think whichever path she chooses,
even if she chooses to uphold the judgement, will result in some serious
ridiculing on Appeal.

[ Reply to This | Parent | # ]

bankrupted juror pays for entire trial? seems unlikely to be worth even attempting
Authored by: Anonymous on Tuesday, November 13 2012 @ 04:01 PM EST
Even if it were a legal possibility, it might look rather
mean spirited for a multinational conglomerate wit almost
infinite resources to go after an individual who obviously
couldn't pay anyway (even when he's clearly acted
dishonestly.)

Shrug. Might be wrong, perhaps they'd have to attempt it to
show they meant business, I have no idea how these things
work.

I think juries tend to be well looked after though as they
kind of have no choice about doing it.

[ Reply to This | Parent | # ]

Hold the retribution
Authored by: Anonymous on Tuesday, November 13 2012 @ 04:07 PM EST
That is *not* what this is all about.

If the verdict is overturned because of his actions, then he will be hated by
the Apple fans, the Android fans, and his reputation well and thoroughly
bemudded.

If he goes into the hearing and assaults the judge, or commits some other crime,
then he could be charged for that. But, as it currently stands, there is
nothing.

But - *PERJURY!!* I hear you scream.

If you look at all the precedents presented by both sides, there is not one case
where a juror ends up charged over dishonesty. None. Nada. Doesn't happen.

There's already a great majority of people who would be very reluctant to serve
on a jury. If you suddenly start placing jurors at risk of jail time, or worse,
at risk of being liable for the costs of a trial that they weren't responsible
for and didn't want to attend in the first place, the juror pool would become
pretty dry.

[ Reply to This | Parent | # ]

Don’t be silly
Authored by: SilverWave on Tuesday, November 13 2012 @ 04:23 PM EST
.

---
RMS: The 4 Freedoms
0 run the program for any purpose
1 study the source code and change it
2 make copies and distribute them
3 publish modified versions

[ Reply to This | Parent | # ]

Can he be charged ?
Authored by: squib on Tuesday, November 13 2012 @ 04:50 PM EST
Can Hogan be charged? Doesn't that depends on whether he come with a Apple approved Lightning Connector.

Sorry: just could not resist (the nano ohms) sanding in the way of circumstantial evidence.

[ Reply to This | Parent | # ]

Only time I've ever hear of it is jury tampering
Authored by: jesse on Tuesday, November 13 2012 @ 04:56 PM EST
And that requires the juror to be in collusion with one of the parties in the
case.

I doubt that Apple ever knew of him before the trial.

[ Reply to This | Parent | # ]

Can he be charged ?
Authored by: Anonymous on Tuesday, November 13 2012 @ 07:29 PM EST
I'm not sure, but I somehow doubt he will be.

I would like to see him permanently barred from jury service, though. I have to
believe there's some chance of that at least, but I have no idea whether or not
it will happen.

[ Reply to This | Parent | # ]

Can he be charged ?
Authored by: Anonymous on Tuesday, November 13 2012 @ 08:54 PM EST
Theoretically, yes. There is evidence that he commited perjury by not telling
the whole truth about the law suit while under oath (yes prospective jurors are
sworn in). Realisticly, I highly doubt he will be, it is my understanding that
this charge would have to be brought by the goverment, not Samsung, and I don't
see them doing so.

Also keep in mind it would have to be proven beyond reasonable doubt that he
commited perjury, which would probably be surprisingly difficult. That's not to
say he can't be charged, just that the charges might have some trouble
sticking.

DISCLAIMER: IANAL, this is just my understanding of the matter as a non-legal
proffesional.

[ 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 )