Knotty Issues of eDiscovery
Puerto Rico continues to be a very forward thinking Court when it comes to social media. Magistrate Judge Silvia Carreño-Coll issued the following Jury Instructions on Social Media usage in a product liability case: JURY INSTRUCTION 30 NO SOCIAL MEDIA During your deliberations, you must not communicate with or provide[…]
Read moreIt is surprising this has not happened earlier: Two jurors meet and “friend” each other on Facebook during a criminal trial in California State Court. The Criminal Defendant is found guilty. Juror Number Five later informed the Criminal Defense Attorney the Juror Number One (hereinafter the Plaintiff) made comments about[…]
Read moreWhy would a juror’s online research be a “problem” for a criminal defendant? Because an “extrinsic influence on a jury’s deliberations violates a defendant’s Sixth Amendment rights to an impartial jury, to confront witnesses against him, and to be present at all critical stages of his trial.” United States v.[…]
Read moreThe pending jury instructions from the Supreme Court of Missouri address Web 2.0 and instant communications head on. The jury instruction specifically states: You are not permitted to communicate, use a cell phone, record, photograph, video, e-mail, blog, tweet, text, or post anything about this trial or your thoughts or[…]
Read morePlaintiffs brought a motion for a new trial because of an email sent by a juror to the Plaintiffs’ attorney four days after a defense verdict. Wilgus v. F/V Sirius, Inc., 2009 U.S. Dist. LEXIS 100094 (D. Me. Oct. 27, 2009). The email stated: [D]id you know your plaintiff[s] advocated[…]
Read moreWho knew 140 characters, a few status messages, and tags could play a big role in a court opinion hitting juror misconduct? It is not a huge surprise in a criminal case involving politics, money and fraud. A Little Background: The Criminal Case against the Defendants Multiple Defendants were charged[…]
Read moreIn an age where reporters are Tweeting from Courthouses and Citizen Paparazzi (Snaparazzi) roam the streets with iPhones, one can imagine a slip of the tongue resulting in juror misconduct. In the nightmare case of an elderly defendant who drove through a farmers’ market, the question of juror misconduct surfaced[…]
Read moreUnited States v. McRae, 2009 U.S. Dist. LEXIS 32411 (W.D. Tenn. Apr. 15, 2009) is a 1983 action against a police office for violating a prisoner’s rights. The incident was captured on video and had been broadcast on the news, with denouncements and outcry from politicians, public figures, the Plaintiffs[…]
Read moreMy friends laughed hysterically when I had jury duty last year. Apparently, the idea of a lawyer having to do his civic duty is funny. And yes, for the record, I did wear my bow tie. During the jury selection process, my exchanged with the judge went as follows:[…]
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