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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.

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Easier to declare a mistrial | 170 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Judicial Economy as in - not my problem
Authored by: Anonymous on Friday, December 07 2012 @ 12:32 AM EST
But if the Appeals court orders a hearing, she will have to conduct it anyway.
Worse her refusal to do so might be enough reason for the Appellate Court to
replace her. Given her status as a recent Federal Judge it could be career
poison.

Mouse the Lucky Dog

[ Reply to This | Parent | # ]

Judicial Economy as in - not my problem
Authored by: Anonymous on Friday, December 07 2012 @ 01:00 PM EST

Think of this case as a learning experience for Judge Koh. Recently appointed means her experience with such a high profile case is low. She made mistakes. Now's the time to correct those mistakes and in as fair a manner as possible.

No judge likes being over turned by the appellate court. Correcting her mistakes, like with the juror is important. It's obvious, as noted in Dyer (see message above). Mr. Hogan eagerness should have been a clue to thank him and send him out the door. That he bald faced lied, showing he was not impartial, and broke his word, given to her, about not using his past experience with patents in the jury room, certainly is grounds for a new trial. Three strikes should be enough!

The fact that the jury completely ignored her instructions about how to monetize damages is another issue to address. That also speaks to her ability to make workable jury instructions. This is another place she needed experience, now has it and will likely do a better job, next time.

She wants Apple and Samsung to settle out of court so she doesn't have to clean up her mess, but that's not going to happen. We'd all like that when we screw up. Someone else to fix the problem so we don't loose face.

As a friend said about republican whinning the days and weeks after the elections 'Cowboy up buttercup; he's president now.' Judge Koh. Cowboy up. You're a federal judge now.

[ Reply to This | Parent | # ]

Easier to declare a mistrial
Authored by: SpaceLifeForm on Saturday, December 08 2012 @ 09:28 PM EST
Due to incorrect jury selection.

It would be the proper action.

But apparently she has never done so.


---

You are being MICROattacked, from various angles, in a SOFT manner.

[ Reply to This | Parent | # ]

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