Jury Selection

News & Analysis as of

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

I, Juror No. 3

Since I became a practicing lawyer, I’ve been called for jury duty four times: twice in Dallas County (where I lived from 1997 to 2003), and twice in Travis County (where I live now). This past week, I served my second stint...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

Week in Review - December 19, 2013

The holiday season is a time for reflection, including reflection on our technology habits. Many individuals are aiming to be truly home for the Christmas holiday by engaging in digital detox plans and setting their...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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