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Jury Selection Criminal Prosecution

Holland & Hart - Your Trial Message

Voir Dire on Content, Not Effect: Lessons from the Tsarnaev Appeal

We tend to think of “bias” as it applies to juries, but courts can have their own deep-seated practices. For example, judges will often prefer voir dire questions that focus on the juror’s own assessment of the influence of a...more

Holland & Hart - Your Trial Message

Juror Questionnaires: Expect Some Deception

In courtrooms making tentative steps toward reopening to in-person jury trials, some of the parties have called for increased use of juror questionnaires, ideally filled out ahead of time either by mail or online. This makes...more

Fox Rothschild LLP

The Ups And Downs (And Up Again?) Of A Batson Challenge

Fox Rothschild LLP on

In Batson v. Kentucky, 476 U.S. 79 (1986), the U.S. Supreme Court held that the Equal Protection Clause of the Fourteenth Amendment prevents prosecutors in criminal cases from exercising peremptory challenges to excuse...more

Holland & Hart - Your Trial Message

Prepare for (Psychological) Authoritarianism

With protests continuing in many major American cities, the civil unrest and violence has had a polarizing effect on the public. While some call for reform and for understanding of what motivates these marches, others call...more

Holland & Hart - Your Trial Message

Ask the Court to Help You Look for Stealth Jurors

When Trump associate Roger Stone was sentenced last month for obstruction of Congress and witness tampering, there was some pushback from media, Stone’s legal team, and the President himself targeting the jury’s foreperson, a...more

Holland & Hart - Your Trial Message

De-Stealth Your Potential Juror

Harvey Weinstein goes to trial this week. Out of approximately eighty women accusing the former Hollywood mogul of sexual misconduct over the past few decades, two assault cases will be heard by a jury this week in Manhattan....more

Patterson Belknap Webb & Tyler LLP

United States v. Altareb: Troubling Batson Concerns Weighed By The Court

In United States v. Altareb, 17-1717, the Second Circuit (Sack, Parker, Chin) issued a summary order affirming a conviction for, inter alia, operating an unlicensed money transmitting business and bulk cash smuggling. ...more

Holland & Hart - Your Trial Message

Voir Dire: Account for Both Presumptions and Expectations

A newly-published study about the effects of voir dire in capital cases suggests that social scientists and the courts may need to reconsider a long-held tenet. For at least the past 35 years, the belief has been that jurors...more

Holland & Hart - Your Trial Message

Don’t Shy Away from Politics (in Jury Selection)

Our ability to understand and to talk to each other is increasingly determined by our political leanings. When we all sit down for family Thanksgiving in a couple of months, politics is likely to be off limits at many tables....more

Holland & Hart - Your Trial Message

Discovering Bias: Dig, Don’t Bury

Canada has an odd system for determining juror bias in some cases. Referred to as a “trier’s process,” it involves the section of two jurors, who do not otherwise go on to become jurors in the case, but are instead charged...more

Holland & Hart - Your Trial Message

Don’t Ignore the Elephant: The Manafort Juror Questionnaire

When your trial-bound case faces complexity, possible juror bias, or potential juror hardships — which is to say, when you have a trial-bound case — you could benefit from a supplemental juror questionnaire, particularly when...more

Faegre Drinker Biddle & Reath LLP

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

Holland & Knight LLP

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

Holland & Knight LLP on

- 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

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