Juror Misconduct Law in Review
27 episodes - English - Latest episode: over 4 years ago - ★★★★★ - 5 ratingsJuror Misconduct Law in Review is hosted by Attorney Nilgun Aykent Zahour from SM JUROR where our motto is: "Don't let juror misconduct taint your verdict." We analyze current state and federal juror misconduct cases and provide attorneys with strategies to identify, preserve and advance juror misconduct issues at trial, and on appeal, under the abuse of discretion standard of review.
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Episodes
#27: What to do with the laughing juror
December 12, 2019 22:17 - 11 minutes - 18.8 MBState v. Baumgartner, No. 46386, 2019 WL 6463113 (Idaho Ct. App. Dec. 2, 2019). Summary: In Episode #27 of the SM JUROR Podcast, Juror Misconduct Law in Review, Attorney Nilgün Aykent Zahour analyzes the juror misconduct issues in State v. Baumgartner, No. 46386, 2019 WL 6463113 (Idaho Ct. App. Dec. 2, 2019). Issue: What to do with the laughing juror. Hi everyone! This is Nilgün Zahour from SM JUROR and in Episode 27 of our podcast, Juror Misconduct Law in Review, we’re going to examine...
The SM JUROR Podcast #26: Does the jury's inadvertent consideration of the defendant's insurance policy result in prejudicial juror misconduct?
October 19, 2019 00:30 - 10 minutes - 11.9 MBUnit Drilling Co. v. Gilmore, No. 13-17-00594-CV, 2019 WL 5089763 (Tex. App. Oct. 10, 2019). Summary: Attorney Nilgün Aykent Zahour analyzes the juror misconduct issues in Unit Drilling Co. v. Gilmore, No. 13-17-00594-CV, 2019 WL 5089763 (Tex. App. Oct. 10, 2019). Issue: Does the jury's inadvertent consideration of the defendant's insurance policy result in prejudicial juror misconduct?
#25: Does the jury’s knowledge of publicized videotaped trial proceedings on social media prejudice the defendant?
October 14, 2019 16:57 - 17 minutes - 20.5 MBState v. Rojas, No. 2 CA-CR 2018-0271, 2019 WL 4051861 (Ariz. Ct. App. Aug. 28, 2019). Summary: Nilgün Aykent Zahour analyzes the juror misconduct issues in State v. Rojas, No. 2 CA-CR 2018-0271, 2019 WL 4051861 (Ariz. Ct. App. Aug. 28, 2019). Issue: Does the jury’s knowledge of publicized videotaped trial proceedings on social media prejudice the defendant?
#24: Exploring the relationship between the juror and the trial witness
October 07, 2019 11:30 - 9 minutes - 9.57 MBVasquez Juarez v. State, No. 2452, SEPT.TERM,2017, 2019 WL 4187473 (Md. Ct. Spec. App. Sept. 3, 2019). Summary: Attorney Nilgün Aykent Zahour analyzes the juror misconduct issues in Vasquez Juarez v. State, No. 2452, SEPT.TERM,2017, 2019 WL 4187473 (Md. Ct. Spec. App. Sept. 3, 2019). Issue: In denying defendant’s motion for mistrial, did the trial court abuse its discretion in refusing to voir dire a juror who may have known a trial witness?
#23: Is a sequestered jury's fear of not being fed an adverse influence on their deliberations?
June 22, 2019 18:59 - 15 minutes - 16 MBState v. Kaiser, No. A17-0571, 2018 WL 2407187 (Minn. Ct. App. May 29, 2018). Summary: Nilgün Aykent Zahour analyzes the juror misconduct issues in State v. Kaiser, No. A17-0571, 2018 WL 2407187 (Minn. Ct. App. May 29, 2018). The issue we’re going to discuss is whether a sequestered jury’s fear of not being fed adversely influenced or pressured them in their deliberations.
#22: Is a post-verdict evidentiary hearing required to determine a juror's competency due to admitted memory lapses during trial?
May 27, 2019 16:28 - 11 minutes - 12.1 MBDaley v. J.B. Hunt Transp., Inc., 187 Conn. App. 587, 203 A.3d 635 (2019). Summary: Nilgün Aykent Zahour analyzes the juror misconduct issues in Daley v. J.B. Hunt Transp., Inc., 187 Conn. App. 587, 203 A.3d 635 (2019). The issue we’re going to discuss is whether the trial court erred in declining to conduct a post-verdict evidentiary hearing to determine whether a juror, who suffered memory gaps with possible Alzheimer’s disease, was competent to serve on the jury.
#21: The injection of a juror's personal experiences and a juror's translation efforts
December 17, 2018 16:51 - 17 minutes - 20.1 MBPalma v. Rite Aid Corp., No. B280445, 2018 WL 3640482 (Cal. Ct. App. Aug. 1, 2018). Summary: Nilgün Aykent Zahour analyzes the juror misconduct issues in Palma v. Rite Aid Corp., No. B280445, 2018 WL 3640482 (Cal. Ct. App. Aug. 1, 2018). The issues we’re going to discuss are evidence of a juror’s personal experiences, factors used in rebutting the presumption of prejudice, a juror’s self-translation efforts, sleeping jurors, and jurors who would not deliberate. Remember to use the cou...
#20: A LinkedIn notification of the viewing of a party’s profile leads to research of social media profiles & Google search histories to prove juror misconduct.
December 15, 2018 05:47 - 26 minutes - 28.8 MBUnited States v. Harris, No. 15CR335-2, 2018 WL 3869579 (N.D. Ohio Aug. 15, 2018) and United States v. Harris, 881 F.3d 945 (6th Cir. 2018). Nilgun Aykent Zahour and SM JUROR analyze the juror misconduct issues in United States v. Harris, No. 15CR335-2, 2018 WL 3869579 (N.D. Ohio Aug. 15, 2018) and United States v. Harris, 881 F.3d 945 (6th Cir. 2018). The issues we’re going to discuss are Internet research by both a juror and his girlfriend, Google search histories, colorable claims of ...
#19: Does a text message to a juror, “Please don’t send my brother to jail,” result in jury tampering?
December 12, 2018 10:30 - 13 minutes - 16.3 MBWallace v. Superintendent Unknown Banks, No. 3:15CV669-CWR-RHW, 2018 WL 3852624 (S.D. Miss. July 9, 2018), report and recommendation adopted sub nom. Wallace v. Banks, No. 316CV00669CWRRHW, 2018 WL 3846324 (S.D. Miss. Aug. 13, 2018). Nilgun Aykent Zahour & SM JUROR analyze the juror misconduct issues in Wallace v. Superintendent Unknown Banks, No. 3:15CV669-CWR-RHW, 2018 WL 3852624 (S.D. Miss. July 9, 2018), report and recommendation adopted sub nom. Wallace v. Banks, No. 316CV00669CWRRHW...
#18: Trivial juror misconduct and the ineffective assistance of counsel claim
December 10, 2018 10:10 - 10 minutes - 13 MBPeople v. Colville, No. 336405, 2018 WL 6252034 (Mich. Ct. App. Nov. 29, 2018). Nilgun Aykent Zahour & SM JUROR analyze the juror misconduct issues in People v. Colville, No. 336405, 2018 WL 6252034 (Mich. Ct. App. Nov. 29, 2018). The issues we're going to discuss are juror comments made to the trial court's law clerk and ineffective assistance of counsel claims based on trivial juror misconduct. Remember to use the coupon code "podcast25", exclusively for our podcast listeners, for $2...
#17: The delay in presenting known juror misconduct backfires
December 07, 2018 17:20 - 7 minutes - 10.4 MBPeople v. Lowe, No. 2014-04891, 2018 WL 6071990 (N.Y. App. Div. Nov. 21, 2018). Nilgun Aykent Zahour & SM JUROR analyze the juror misconduct issues in People v. Lowe, No. 2014-04891, 2018 WL 6071990 (N.Y. App. Div. Nov. 21, 2018). The issues we're going to discuss are the effect of the unexplained delay in notifying the trial court of known juror misconduct, and the denial of a motion for evidentiary hearing to further investigate any alleged juror misconduct. Remember to use the coupo...
#16: The juror who says he will find the defendant guilty regardless of the evidence
December 05, 2018 13:44 - 7 minutes - 10.4 MBBrooks v. State, No. 73730-COA, 2018 WL 6134216 (Nev. App. Nov. 19, 2018). Nilgun Aykent Zahour & SM JUROR analyze the juror misconduct issues in Brooks v. State, No. 73730-COA, 2018 WL 6134216 (Nev. App. Nov. 19, 2018). The issue we're going to discuss is whether prejudice exists when jurors hear another juror, who wants to be excused, blurt out that he will find the defendant guilty regardless of the evidence. Remember to use the coupon code "podcast25", exclusively for our podcast l...
#15: Rebutting the presumption of prejudice when jurors do internet research
December 03, 2018 17:36 - 10 minutes - 13.2 MBBaker v. State, No. 18A-CR-1025, 2018 WL 6257066 (Ind. Ct. App. Nov. 30, 2018). Nilgun Aykent Zahour & SM JUROR analyze the juror misconduct issues in Baker v. State, No. 18A-CR-1025, 2018 WL 6257066 (Ind. Ct. App. Nov. 30, 2018). The issues we're going to discuss are how a juror's internet research establishes a presumption of prejudice and how the presumption is rebutted through juror testimony and the cumulative nature of the evidence. Remember to use the coupon code "podcast25", ex...
#14: Does the jury's use of technology to enhance visual acuity result in experimentation and juror misconduct?
November 30, 2018 20:03 - 7 minutes - 10.3 MBState v. Dulin, No. 1 CA-CR 18-0044, 2018 WL 6217154 (Ariz. Ct. App. Nov. 29, 2018). Nilgun Aykent Zahour & SM JUROR analyze the juror misconduct issues in State v. Dulin, No. 1 CA-CR 18-0044, 2018 WL 6217154 (Ariz. Ct. App. Nov. 29, 2018). The issue we're going to discuss is whether the jury's use of a laptop to "zoom in" on surveillance photos amounts to experimentation and juror misconduct.
#13: Does an alternate juror's presence in the jury room during deliberations result in improper communications?
November 19, 2018 22:55 - 12 minutes - 15.6 MBMartz v. State, No. 13-17-00382-CR, 2018 WL 3655437 (Tex. App. Aug. 2, 2018). Nilgun Aykent Zahour & SM JUROR analyze the juror misconduct issues in Martz v. State, No. 13-17-00382-CR, 2018 WL 3655437 (Tex. App. Aug. 2, 2018). The issues we're going to discuss are whether an alternate juror's presence in the jury room during deliberations amounts to improper communications and juror misconduct, the importance of considering less drastic alternatives before moving for a mistrial and issue...
#12: Can the bailiff's interactions with a juror, who wants to be excused, lead to a new trial?
November 14, 2018 14:13 - 20 minutes - 23.1 MBState v. Whitaker, No. 75924-8-I, 2018 WL 5784812 (Wash. Ct. App. Nov. 5, 2018). Nilgun Aykent Zahour & SM JUROR analyze the juror misconduct issues in State v. Whitaker, No. 75924-8-I, 2018 WL 5784812 (Wash. Ct. App. Nov. 5, 2018). The issues we're going to discuss are the interactions between the bailiff and the jury; a juror's request to be excused due safety concerns and his dismissal, and juror comments which may signal premature deliberations. Remember to use the coupon code "podc...
#11: The trial court's broad discretion in investigating juror misconduct
November 07, 2018 16:19 - 10 minutes - 12.5 MBState v. Anderson, No. 34655-2-III, 2018 WL 5734623 (Wash. Ct. App. Nov. 1, 2018). Nilgun Aykent Zahour & SM JUROR analyze the juror misconduct issues in State v. Anderson, No. 34655-2-III, 2018 WL 5734623 (Wash. Ct. App. Nov. 1, 2018). The issues we’re going to discuss are the trial court's broad discretion in conducting investigations of alleged juror misconduct; jurors who see newspaper or media accounts of the trial during the trial; and jurors who know testifying witnesses. Remem...
#10: The request to release the jury’s contact information because one juror conducted internet research
November 05, 2018 17:42 - 15 minutes - 18.4 MBPeople v. Bohl, 2018 COA 152. Nilgun Aykent Zahour & SM JUROR analyze the juror misconduct issues in the case of People v. Bohl, 2018 COA 152, decided on November 1, 2018. The issues we’re going to discuss are the denial of a motion to access juror contact information to prove juror misconduct after an evidentiary hearing; text messages between a juror's wife and an attorney which reveal a juror performed outside research; and the finding that a timeline of events is not extraneous evide...
#9: Does a juror's incorrect belief about the law result in juror misconduct?
November 02, 2018 19:18 - 10 minutes - 12.8 MBState v. Dressner, 2018-0828 (La. 10/29/18). #9: Does a juror's incorrect belief about the law result in juror misconduct? We analyze the juror misconduct issues in State v. Dressner, 2018-0828 (La. 10/29/18). The issues we’re going to discuss are a juror's alleged incorrect beliefs about the law, a juror's mental processes, the Louisiana "Shield Law", which is their state version of Federal Rule of Evidence 606(b); juror affidavits that are inadmissible under these rules; and the pres...
#8: Does the jury's use of playback tools to enhance video evidence result in juror misconduct?
October 29, 2018 18:04 - 7 minutes - 10.3 MBPeople v. Daniels, No. D074033, 2018 WL 4327873 (Cal. Ct. App. Sept. 11, 2018). We analyze the juror misconduct issues in the case of People v. Daniels, No. D074033, 2018 WL 4327873 (Cal. Ct. App. Sept. 11, 2018). The issues we’re going to discuss are playback tools the jury uses when video evidence is sent back to the jury room and whether changing the contrast ratio on a TV monitor amounts to new evidence. Remember to use the coupon code "podcast25", exclusively for our podcast l...
#6: Juror's internet research on premeditation definition did not prejudice the convicted murderer
October 23, 2018 14:29 - 13 minutes - 16.2 MBState v. Arndt, 426 P.3d 804 (Wash. Ct. App. 2018). #6: Juror's internet research on premeditation definition did not prejudice the convicted murderer. Nilgun Aykent Zahour and SM JUROR analyze the juror misconduct issues in the case of State v. Arndt, 426 P.3d 804 (Wash. Ct. App. 2018). The issues we address are: Internet research on Google and Wikipedia to find a definition of premeditation, the presumption of prejudice and whether that presumption can be overcome or rebutted, credi...
#7: A juror suspects the jury deliberated without him while he was in the bathroom. Is this juror misconduct?
October 23, 2018 14:18 - 6 minutes - 9.15 MBMonroe v. City of Seattle, No. 76478-1-I, 2018 WL 3738995 (Wash. Ct. App. Aug. 6, 2018). #7: A juror suspects the jury deliberated without him while he was in the bathroom. Is this juror misconduct? We analyze the juror misconduct issues in the case of Monroe v. City of Seattle, No. 76478-1-I, 2018 WL 3738995 (Wash. Ct. App. Aug. 6, 2018). The issues we’re going to discuss are suspected juror misconduct and the burden of proof, a juror’s change of mind, the jury’s collective thought...
#5: A juror's romantic feelings toward an attorney
October 18, 2018 03:04 - 6 minutes - 9.26 MBState v. Jenkins, 422 P.3d 72 (Kan. 2018). #5: A juror's romantic feelings toward an attorney. We analyze the juror misconduct issues in the case of State v. Jenkins, 422 P.3d 72 (Kan. 2018). Specific issues we discuss are: (1) A juror’s gifts to the prosecutor; (2) a juror’s romantic feelings toward an attorney; (3) the use of an evidentiary hearing to determine whether or not there was juror misconduct; (4) the timing of the alleged juror misconduct. Remember to use the coupon cod...
#4: Can a juror's questions about the burden of proof lead to juror misconduct?
October 15, 2018 19:53 - 8 minutes - 7.85 MBWoods v. State, 2018 WL 4776185 (Nev. Sept. 21, 2018). #4: Can a juror's questions about the burden of proof lead to juror misconduct? We analyze the juror misconduct issues in the case of Woods v. State, 2018 WL 4776185 (Nev. Sept. 21, 2018). The issues we’re going to discuss are: the burden of proof in juror misconduct cases & evidence involving objective facts, a juror’s state of mind, & the deliberative process, the presumption that the jury follows instructions, and the fact tha...
#3: Establishing a presumption of prejudice in suspected juror misconduct cases
October 05, 2018 20:38 - 10 minutes - 12.5 MBFairbanks v. State, No. 49A02-1707-CR-1675, 2018 WL 4003474 (Ind. Ct. App. Aug. 1, 2018). #3: Establishing a presumption of prejudice in suspected juror misconduct cases. We examine the juror misconduct issues in the case of Fairbanks v. State, No. 49A02-1707-CR-1675, 2018 WL 4003474 (Ind. Ct. App. Aug. 1, 2018). The question we’re going to answer in today's podcast is this: Your law clerk sees a juror in the hallway looking possibly at a YouTube “how to” video on police investigatio...
#2: Look out for the Scripture quoting pastor-juror in death penalty cases
October 04, 2018 11:00 - 8 minutes - 11 MBHalvorsen v. White, No. 15-5147, 2018 WL 3993716 (6th Cir. Aug. 20, 2018). #2: Look out for the Scripture quoting pastor-juror in death penalty cases. We analyze the juror misconduct issues in Halvorsen v. White, No. 15-5147, 2018 WL 3993716 (6th Cir. Aug. 20, 2018) and answer the question: Is there juror misconduct when a juror, who is a pastor with strong religious convictions, quotes Scripture to support his views on the death penalty when the defendant was convicted of murder? Addi...
#1: Social media juror monitoring to prevent potential juror misconduct
October 03, 2018 16:47 - 23 minutes - 25.4 MB#1: Social media juror monitoring to prevent potential juror misconduct. In this premiere episode, Nilgun Aykent Zahour, Founding Attorney of SM JUROR, examines how social media juror monitoring can be used to prevent potential juror misconduct in today's digital age. A juror's exposure to extraneous evidence through social media, the Internet, and texting, can lead to a potentially compromised verdict. Special thanks to Arizona Attorney Magazine and Ms. Zahour's article, "The Verdi...