Category Archives: Jury issues

Should Jurors Be Allowed to Ask Questions During a Criminal Trial?

Posted on October 23, 2018 by

The judge in one of my recent criminal trials allowed the jurors to ask questions. It was mostly fascinating, though there were a few scary moments too. On the one hand, it gave us valuable insight into what the jury … Continue reading →

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How to Pick a Fair Jury

Posted on October 9, 2018 by

I don’t care what jury consultants say, picking a jury is an art and not a science. For most trial lawyers, it’s based on gut feelings and sizing people up quickly and peeks at what a juror’s t-shirt says or … Continue reading →

Posted in Appeal, Jury issues | Leave a comment

What’s a Mistrial?

Posted on September 11, 2018 by

Late in the afternoon of September 5, 2018, U.S. District Judge Royce C. Lamberth declared a mistrial in the second trial of Nicholas Slatten. The jury had been deliberating for a remarkable 16 (!) days when it sent a note … Continue reading →

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Well, At Least We Know Allen Charges Work – Blankenship Jury Verdict

Posted on December 3, 2015 by

The trial of Donald Blankenship has been all over the media. I’ve written about it here and here and here and here. Today, the jury reached its verdict. It found Mr. Blankenship guilty on one charge of conspiracy to avoid … Continue reading →

Posted in Conviction After Jury Trial, Jury issues, Uncategorized | Tagged | Leave a comment

The Impossible Standard to Change Venue–The Massey Mine Case Is Still in West Virginia

Posted on November 10, 2015 by

I’ve posted before about the upcoming criminal trial of Don Blankenship’s involvement in the Massey Mine disaster. The trial started on October 1 and is still going. It’s going to be a long one. Back in February, Mr. Blankenship filed … Continue reading →

Posted in Change Venue, Jury issues | Tagged | 1 Comment

First, We’ll Blame the Lawyers: Second Circuit Grants New Trial in Remarkable Jury Taint Case

Posted on September 8, 2015 by

This is the kind of case that wakes up lawyers in a cold sweat at night. The Second Circuit recently granted a new trial to a defendant after the trial court found that he had waived his right to a … Continue reading →

Posted in Appeal, Jury issues, Tax fraud, Uncategorized | 4 Comments