Earlier this month, Defendant, Ghislaine Maxwell, petitioned the United States District Court for the Southern District of New York for a new trial based on a juror failing to disclose that he was a former victim of sexual abuse. Maxwell was Jeffrey Epstein’s long-time companion and has been accused of recruiting four girls to be
Robert W. Kelley Blogs
Latest from Robert W. Kelley
Improper Melbourne Analysis Requires Reversal of Criminal Conviction
Earlier this summer, the Third District Court of Appeal reversed a criminal conviction due to a trial court’s improper Melbourne analysis. In Brannon v. State, Defendant, Earl Brannon, was convicted of two counts of criminal trespass and one count of resisting arrest without violence. During jury selection, the jurors were questioned regarding their prior
Jury Selection Refresher – Top 10 Cases
It has been over a year since many of us have been inside a courtroom, let alone in trial. Now that courthouses are opening up across the county, we wanted to provide a refresher for the top ten cases you should have in your arsenal for jury selection in Florida.
Kochalka v.Bourgeois, 162 So.
New Trial Granted Because Judge Improperly Denied Cause Challenge
Last week, the Third District Court of Appeal granted a new trial in an auto crash case where the trial court improperly denied the Plaintiff’s cause challenge against a juror who expressed impartiality. In Rivas v. Sandoval, ___ So. 3d ___ (2021), during jury selection the Plaintiff’s counsel questioned the venire about personal experiences
Mistrial Denied After Jurors Chatted in Zoom Virtual Jury Trial
Earlier this week in California, a mistrial was denied in a virtual jury trial when jurors were communicating with the Plaintiff through the Zoom “chat” feature. This was a mesothelioma case involving claims for personal injuries against two companies who allegedly caused Plaintiff’s mesothelioma while he was working on Navy ships. During trial, when the
Boston Marathon Bomber’s Death Sentence Vacated due to Possible Juror Bias
Last week, the United States Court of Appeals for the First Circuit vacated Boston Marathon Bomber Dzhorkar Tsarnaev’s death sentence due to a trial judge not properly vetting a juror for possible bias. Tsarnaev was convicted and sentenced to death in 2015 for his role in the horrific April 2015 Boston Marathon bombing which killed
To Google or Not to Google?
As attorneys, we go to great lengths to select the jury who will decide our client’s fate at trial – yet today, there is a looming, additional silent juror banging at the door attempting to, and sometimes succeeding in, getting in – Google and the age of information overload.
Earlier this month a Broward County
Reversible Error to Impose Time Limits on Voir Dire
Last week the Fourth District Court of Appeal reversed an aggravated battery conviction based on a trial court improperly limiting the amount of time an attorney could ask questions to a prospective jury panel. Strachan v. State, ___ So. 3d ___ (Fla. 4th DCA 2019).
In Strachan, the trial court entered a scheduling order before
“Not Particularly Engaged” Juror Should Have Been Stricken
A trial court’s decision was reversed early in June for failing to strike a juror based on her nonverbal behavior. The Fifth District Court of Appeal held that a juror being “not particularly engaged” during jury selection was a legally sufficient race-neutral reason to strike the juror. Travelers Home and Marine Ins. Co., v. Gallo
Voir Dire Lessons from Trial: Defense Perspective
Earlier this week, in a medical malpractice wrongful death trial in Gainesville, the defense lawyers did a very thorough job questioning the prospective jurors during voir dire. Below are a few of the questions they used to evaluate the panel from the defense perspective.
- Defendant, Mrs. X, represents the hospital. She has a right to