Juries

Do this, not that, when preparing witnesses and during testimony, new ABA ethics opinion says

Lawyers have a duty to prepare and guide witnesses, but attorneys can’t coach a witness in a way that interferes with the integrity of the justice system and obstructs another party’s access to evidence, according to an ethics opinion released Wednesday by the ABA’s Standing Committee on Ethics and Professional Responsibility.

Sep 6, 2023 10:44 AM CDT

So you were convicted of killing someone who’s still alive—now what?

Many installments of this column have focused on true-crime documentaries examining murder convictions and the legal process and “evidence” that led to them. While those series or stand-alone shows are undoubtedly intriguing, we always seem to be left with the same conclusion: Even if the defendant didn’t kill the person, the person is still dead. But what if we were presented with a situation in which someone was convicted for the murder of a person who was subsequently found alive and well?

Sep 6, 2023 9:42 AM CDT

Lawyer censured for ‘testi-lied’ remark about witness testimony

A Rhode Island lawyer has been censured for commenting that an expert witness had “testi-lied,” leading to a mistrial.

Jul 6, 2023 2:54 PM CDT

Supreme Court will decide whether SEC enforcement actions violate right to jury trial

The U.S. Supreme Court has agreed to decide whether some administrative trials by the U.S. Securities and Exchange Commission violate the Seventh Amendment’s right to a jury.

Jul 6, 2023 12:54 PM CDT

The trials of ‘Jury Duty’ in life and in art

My last entry focused on a new streaming series titled Jury Duty. If you haven’t given it a read, it’s worth a few minutes of your time. Obviously, I’m biased. Nevertheless, that installment discusses a show that has grown a bit of a cult following, and the premise is interesting if nothing else.

Jun 14, 2023 11:36 AM CDT

How Rule 29 motion could save Trump in classified documents case; what are other possibilities?

Lawyers for former President Donald Trump could obtain an unappealable victory in the classified documents case if a motion for a directed verdict of acquittal is granted during the right stage of the criminal trial.

Jun 12, 2023 10:22 AM CDT

‘Jury Duty’ offers some realism hidden in the absurdity

My sister is a huge true-crime fan (shoutout, Ivy). She is professedly obsessed, even to the point that her favorite streaming platform is ID Go. She’s always been intelligent and curious. I think her brother being a career defense attorney might influence her intrigue. Maybe I shouldn’t flatter myself, though.

May 25, 2023 2:21 PM CDT

Jurors award $5M to writer who sued Trump for alleged assault; what evidence supported her allegations?

Jurors in a civil lawsuit filed against former President Donald Trump have found he sexually abused and defamed writer E. Jean Carroll and he is liable for $5 million in damages.

May 9, 2023 3:01 PM CDT

Florida now has nation’s lowest death-penalty threshold; second bill allows execution of child rapists

Republican Florida Gov. Ron DeSantis on Thursday signed a bill that allows juries to recommend capital punishment with an 8-4 vote.

Apr 20, 2023 12:02 PM CDT

Removing unvaccinated potential jurors didn’t violate defendants’ Sixth Amendment rights, 4th Circuit rules

A federal judge’s decision to remove unvaccinated potential jurors did not violate two defendants’ Sixth Amendment right to have their cases heard by a fair cross section of the community, a federal appeals court has ruled.

Apr 12, 2023 3:03 PM CDT

AI tools can help litigators pick jurors who might be on their side

A jury is considered the gold standard of U.S. law and a symbol of justice designed to protect the innocent and prosecute the guilty in a fair, impartial trial. And now, artificial intelligence tools are available to help attorneys identify prospective jurors favorable to their cases. But do jury trials remain golden if one side uses AI to select the perfect jury to win?

Apr 1, 2023 3:10 AM CDT

Selective-prosecution argument in Trump falsified-records case is ‘long shot’ that may still resonate

Former President Donald Trump may argue that any forthcoming indictment in connection with hush-money payments to an adult film actress is a selective prosecution entitling him to dismissal of the charges.

Mar 22, 2023 10:56 AM CDT

Trump motion seeks to block evidence from Georgia special purpose grand jury, disqualify district attorney

Lawyers for former President Donald Trump filed a motion Monday arguing that a special purpose grand jury investigating possible election interference in Georgia was created under statutes that are unconstitutionally vague, inviting “arbitrary, amorphous enforcement.”

Mar 22, 2023 8:37 AM CDT

Lawyer accused of pursuing client-poaching ‘modus operandi’ hit with $2.3M verdict

The Florida Injury Law Firm based in Orlando, Florida, was awarded $2.3 million last week in a lawsuit against a former associate accused of violating an employment contract by stealing the firm’s best clients.

Mar 1, 2023 2:20 PM CST

Lawyer for Black man on trial for murder referenced ‘justifiable lynching’ in trial note, petition says

Updated: Racism pervaded the Texas murder trial of a Black man to such an extent that one of his lawyers appeared to suggest that he deserved to be lynched, according to a Jan. 30 habeas petition.

Feb 7, 2023 8:39 AM CST