Jury Selection

News & Analysis as of

7 Suggestions for Your Next Voir Dire

Maybe you’ve been doing voir dire the same way for years, or maybe it’s your first time. Either way, check out these proposals for your next voir dire....more

Supreme Court Update: Mcfadden V. United States (14-378), Ohio V. Clark (13-1352), Brumfield V. Cain (13-1433) And Davis V. Ayala...

We're back with Part II of our last-Thursday round-up, just in time for another decision dump from One First Street. Last week, the Court handed down decisions in Los Angeles v. Patel (13-1175), Kimble v. Marvel Enterprises...more

Amendment Reducing Illinois Juries from 12 to 6 About to Take Effect

Courtrooms in Illinois will begin to see a new makeup of juries soon, as effective June 1, 2015, all jury cases shall be tried by a jury of six. Previously, cases in which alleged damages exceeded $50,000 were tried by a jury...more

Fair Trial May be Difficult for American Sniper Killer

On February 2, 2013, Chris Kyle, a former SEAL and inspiration for the recent Hollywood blockbuster, American Sniper, went to a shooting range with two friends at the Rough Creek Lodge 90 miles southwest of Dallas. While the...more

Jury Selection: Know The Rules of Your Forum

A recent decision from the Indiana Supreme Court reminds us why it is so important to know the particular rules of your jurisdiction when preserving error during jury selection. In Oswalt v. State, 19 N.E.3d 241 (Ind....more

If You Uncover Potential Juror Bias, Do You Tell The Court? Yes

On the eve of a criminal trial, you decide to Google the names of a few prospective jurors. One appears to have been suspended from the practice of law due to a criminal conviction. The next day at voir dire, however, the...more

Does my lawyer really get to “select” my jury before a trial?

I often have clients ask me before trial whether I will be able to “select” their jury. This question usually stems from the phrase we hear often on television and elsewhere pertaining to “jury selection.”...more

Do’s and Don’ts of Juror Contact

Not surprisingly, California’s legal ethics rules have a lot to say about how attorneys relate to jurors. Here are 5 do’s and don’ts when it comes to attorney-juror interaction....more

Florida Appellate Court Reverses Trial Court Orders Excluding Media From Jury Selection: "Overflow" Courtroom With Audio-Only...

- In a first of its kind ruling in Florida, a Florida Appellate Court has issued a 27-page opinion unanimously vacating two orders of a trial court in Jacksonville, Fla., which had excluded the media from critical portions of...more

U.S. v. LIEW: Jury Selection Focuses On Anti-China Bias In Industrial Espionage Case

A federal judge questioned prospective jurors closely Tuesday for signs of anti-China bias in the industrial espionage trial of a U.S. citizen who prosecutors say fed secrets to a Chinese company. Prosecutors allege...more

December 2013: Trial Practice Update - Ninth Circuit Appeal Raises Questions Whether Batson Forbids Sexual Orientation-Based...

Can you strike a prospective juror simply because he is gay? A small number of states, including California, prohibit peremptory challenges based on sexual orientation, but the issue is unsettled in most jurisdictions,...more

Court Approves Automatic Electronic Delivery Of Juror Questionnaires

The Western District of Michigan has been pilot-testing for several months a process of automatically delivering electronic juror questionnaires to attorneys of record three business days before trial. The questionnaires are...more

A New Limit on Juror Rehabilitation in Florida

According to the Florida Supreme Court in Matarranz v. State, No. SC11-1617, 2013 WL 5255117 (Fla., Sept. 26, 2013), there is no reliable rehabilitation for a prospective juror who raises doubts of partiality based on...more

After Matarraz v. State, Florida Supreme Court Makes Juror Rehabilitation As To Bias Based On “Unfortunate Past Life Experience”...

In Matarranz v. State, So. 3d, 2013 WL 5355117 (Fla. Sept. 26, 2013), the Florida Supreme Court announced a dramatic change that will have a practical effect on jury selection in Florida. After Matarranz, a prospective juror...more

Ethical Issues That Arise From Social Media Use In Courtrooms

With the rampant expansion of social media and online technologies over the past decade, it is no surprise that Facebook, MySpace, Twitter, Instagram, YouTube and blogs have made their way into the courtroom, pervaded the...more

The Ministry of Culture: keep current with pop culture to keep current with your jury

Growing up, my parents limited me to one hour of television a day. On PBS. This had unintended consequences. To this day, if a television is on in a room, I cannot pay attention to anything else. I have a penchant for Sesame...more

Recognizing Current Juror Attitudes Toward the First Amendment

The Newseum Institute's First Amendment Center recently released its annual survey of the "State of the First Amendment: 2013" and the results are cause for pause, though perhaps not alarm. The annual survey, which has a...more

Rule 3:22A: Expanding the Scope of Voir Dire

On January 1, 2013, a new rule passed by the Supreme Court of Virginia governing voir dire in civil trials took effect. Rule 3:22A, in essence, will both expand and standardize the scope of questioning permitted during voir...more

February 2013: Trial Practice Update

In This Issue: Court Rules Jury Voir Dire Must Be Public and Deprivation of Rebuttal Summation Leads to Reversal....more

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