One area that is gaining increased attention, especially among appellate attorneys, is juror post-trial conduct. Some jurors, in many cases shortly after serving jury duty, make oral or written statements about their experience on jury duty. These comments, depending on content, can serve as ripe grounds to appeal the jury's decision. Trial attorneys would be well served to not only watch what jurors say and do during voir dire and trial, but also immediately after trial. Of course, this is not to say that one need go as far as the Undercover Mom in New York.
Law Prof’s Article on His Jury Experience Leads to Overturned Verdict
A law professor’s article on his experiences as a juror in a slip-and-fall case has resulted in a new trial for a grocery store found liable for $876,000.
A New Jersey appeals court ruled today that the defendant deserved a new trial, in part because the professor’s explanation of legal concepts to his fellow jurors had a tendency to influence the verdict. The court’s opinion(PDF) said the defendant was deprived of a fair trial because of the tendency and other cumulative trial errors, Legal Profession Blog reports.
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