Summaries of Successful Juror Misconduct Cases

 

Jury misconduct claims may provide fertile ground for post-conviction relief. Most people are predisposed to believe that criminal convictions are secured by fair, open-minded, unbiased jurors. When jury misconduct evidence is presented, the veneer of jury fairness is tarnished. Not infrequently, however, there is hostility from courts, prosecutors and former jurors towards investigators and attorneys inquiring into and raising potential acts of jury misconduct. Thus, these claims are often difficult to litigate and are frequently controversial, striking at the heart of the American system of justice.

Some states have elaborate and prohibitory rules regarding post-verdict contact with jurors. Federal courts as well tend to have significant restrictions on post-trial juror contact. Before embarking on post-verdict juror interviews, you must know the relevant law and rules.

Below are case lists describing successful civil, criminal and capital jury misconduct cases. The cases are diverse, ranging from intentional acts by jurors who callously disregarded their oaths to inadvertent and unintentional actions by jurors, bailiffs and judges who do not understand jury protocol. It is important to remember that actual misfeasance by a juror is not required for a claim of “misconduct.” Jury misconduct has been found as a result of juror disobedience, inappropriate communications with bailiffs, third parties and/or alternate jurors, contact with extraneous reading materials and/or inadmissible evidence, race and ethnic prejudice, improper jury deliberations and official misconduct by bailiffs, judges and other court personnel. In sum, every aspect of the juror's service from the time he or she received a summons until he or she was sent home is relevant to developing a potential jury misconduct claim.

Dishonesty on Voir Dire (updated 9/10).

Unqualified/Misbehaving/Biased Jurors (updated 9/10). This list includes cases involving incompetent, intoxicated, sleeping, and racist jurors, as well as jurors subject to prosecution at the time of their service.

Premature Deliberations/Prejudgment (updated 9/10).

Improper Juror Discussions (updated 9/10). This list includes cases involving discussion of a defendant’s failure to testify, prior bad acts by the defendant, personal experiences or expertise of a juror, and parole. It also includes cases where a juror was improperly excused for allegedly failing to deliberate.

Juror Misstatements of Law (updated 9/10).

Court Officer Improper Influence (updated 9/10).

Third Party Contact (updated 9/10).

Media Influence (updated 9/10).

Extra-Record Evidence (updated 9/10).

Juror Experimentation and Investigation (updated 9/10).

Religious Source Material (updated 9/10).

Jury Agreements (updated 9/10).

Separation of Jurors (updated 9/10).

Separation of Jurors (updated 9/10).

Missing Jurors (updated 9/10).

If you are aware of other successful jury misconduct cases that are not contained in this summary, please notify Wendy Peoples at wendypeoples@earthlink.net.