Jury Selection

News & Analysis as of

Brilliant Yet So Simple – The First FCPA Mock Trial Institute

Sometimes an idea is so simplistically brilliant you wonder why no one actually thought of it before. That was the first thing I thought when two Houston lawyers, Keith Hennessee, OF Counsel at Givens & Johnston, and Joel...more

Illinois Supreme Court Strikes Down Law Allowing for Six Person Juries

On September 22, 2016, the Illinois Supreme Court in Kakos v. Butler, 2016 IL 120377, struck down Public Act 98-1132 (the “Act”), which limited the size of a civil jury to six persons and increased the amount paid per day to...more

Social Links: Google penalizes sites with pop-up ads; proposed Federal legislation to criminalize revenge porn; ad industry group...

Google is cracking down on mobile pop-up ads by knocking down the search-result position of websites that use them. The National Labor Relations Board decided a social media policy that Chipotle had in place for its...more

My First Trial: Lessons I Learned in a Pelican Bay Prison Case

I was 16 years old when, like much of the nation, I became transfixed by the O.J. Simpson criminal trial. I knew then I wanted to be a lawyer. Fast forward 20 years to a federal courtroom in San Francisco where I represented...more

Social Media Research After Voir Dire – The Jodi Arias Case

Forward-thinking attorneys are utilizing social media websites such as Facebook, Twitter, Instagram, and LinkedIn to perform preliminary jury research during voir dire, but what happens after the jury is empanelled? Courts...more

June 2016: Trial Practice Update

Jury Selection—Batson v. Kentucky Is Alive and Well. Last month the United States Supreme Court issued its long-awaited decision in Foster v. Chatman, 578 U.S. (2016), reaffirming its 30-year-old decision in Batson v....more

Supreme Court Update: Foster V. Chatman (13-8349), Green V. Brennan (14-613) And Wittman V. Personhuballah (14-1504)

Just one new decision today (along with the first cert grant in ages). In United States Army Corps of Engineers v. Hawkes Co. (No. 15-290), the Court held that a jurisdictional determination by the Army Corps of Engineers...more

Supreme Court Decides Foster v. Chatman

On May 23, 2016, the United States Supreme Court decided Foster v. Chatman, No. 14-8349, holding that it was clearly erroneous for a state habeas court to decide that a criminal defendant failed to show purposeful...more

Judge Restricts Research Into Potential Jurors

The Federal Judge assigned to the copyright lawsuit Google Inc. against Oracle Corporation had taken a traditional approach in jury selection. U.S. District Judge William Alrup rejected the proposed jury questionnaire,...more

District Court Asks Google and Oracle to Consent to Ban on Internet Research of Jury Panel

Following up on the district court's previous ruling barring the use of jury questionnaires, the district court addressed the issue of whether any Internet research of the potential jurors should be permitted. After analyzing...more

News of Note in IP

Each week, Sheppard Mullin brings you News of Note in IP: The latest news in the IP-related fields of technology, privacy, fashion, advertising, music, and social media, curated by our IP team.  Here are some of the stories...more

Friend Request Denied: Judge Asks Attorneys to Refrain from Social Media Searches of Jurors

In late March 2016, a California federal judge asked both Google, Inc. and Oracle America, Inc. to voluntarily consent to a ban against Internet and social media research on empaneled or prospective jurors until the...more

Google and Oracle agree not to research potential jurors’ social media accounts

Litigating companies Google and Oracle have mutually agreed, at the strong recommendation of the presiding judge, to refrain from researching the social media accounts of a potential jury pool before and during a high stakes...more

Talkin Bout Your (?) Generation

For once, our happy birthday wish really has something to do with births, specifically the significance of birth cohorts for litigation strategies and tactics. The actor Paul Rudd is celebrating his birthday today, April 6. ...more

Are Pins, Posts, Tweets and Likes Appropriate for Use in Selecting Jurors?

When you hear the name of someone you can’t place or don’t know much about, what do you do? Chances are, you “Google” them. Well that is what attorneys are doing to learn more about prospective jurors too! But they are not...more

A Model Preservation Test for Race-Based Peremptory Challenges

Preserving error during voir dire can be tricky. In jurisdictions like Florida, certain steps must be taken to preserve objections, including those related to pretextual peremptory challenges. On March 18, Florida’s...more

Second District Clarifies Preservation Test for Race-Based Peremptory Challenges

On March 18, Florida’s Second District Court of Appeal issued a decision discussing, in some detail, the actions that must be taken during jury selection to preserve an objection to a peremptory challenge that purportedly is...more

Google Searches & Jury Selection: What Role Should Social Media Have in Voir Dire?

We have written previously about the role of traditional discovery roles in “newer” platforms, and how social media content can be discoverable and used in litigation. What about using information from social media in jury...more

AGG Litigation Insights Newsletter - Winter 2016

Mock jury exercises, focus groups, and jury research are well-established tools that inform trial strategy and guide counsel and their clients to make educated decisions about their case. But the field is changing. ...more

Mock Jury Trials and the Role of Jury Consultants in Complex Cases

As court cases move toward trial, many litigators start thinking about conducting a mock trial or jury research of some sort or another. Deciding when, where and, most importantly, how to do the research is not as simple as...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

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