NEW HAVEN -- A 10th juror was chosen Wednesday in the case against Joshua Komisarjevsky, co-defendant in the Cheshire triple- murder. The man, 53, of Meriden works as a truck mechanic. In addition, Superior Court Judge Jon C. Blue Wednesday denied a motion by Komisarjevsky's attorneys to stay his order unsealing the list of potential defense witnesses in the upcoming trial.
[...] both criminal and civil suits may result in a jury trial.8 Indeed, McDonough itself is a civil opinion that has been extended to many criminal cases involving omissions of information during voir dire.9 However, the basis for the jury trial right is vested in different constitutional amendments for civil and criminal trials.10 While most criminal cases can result injury trials, there is much debate about what kinds of civil trials are properly held before juries. !x As such, this Note primarily relies on criminal cases to support its proposition and analysis of McDonough. 193 Thus, the prosecution would be unable to request a new trial even if the prosecuting attorney could prove that a juror met all three prongs of the proposed rule.194 If the jury convicts the defendant, then t...
NEW HAVEN -- A second juror was selected Monday for the trial of Joshua Komisarjevsky in the Cheshire triple homicide. The man chosen is a student at Albertus Magnus College and is scheduled to graduate in May. But he is a decade or so older than the usual college senior. He lives in New Haven. He told Superior Court Judge Jon C. Blue that he could be available for the trial, scheduled to start Sept. 19 and expected to last up to three months.
In the Tenth Circuit's recent decision US v Benally, the court held that post-verdict juror testimony of racist comments made by fellow jurors during deliberations is inadmissible under Federal Rule of Evidence 606(b) ("Rule 606(b)"). This Note will explore the Tenth Circuit's decision US v Benally and argue that the court misapplied Rule 606(b) by relying on precedent that only tangentially addressed these issues. Further, this Note will investigate whether the Tenth Circuit, by holding that juror testimony of racial bias during deliberations is inadmissible under Rule 606(b), has advanced an interpretation of Rule 606(b) that potentially conflicts with the criminal defendant's Sixth Amendment right to an impartial jury. In US v Benally, the Tenth Circuit upheld the common-law traditio...
A new trial is being ordered for a Wayne County man because a prospective juror at his trial knew several of the witnesses who testified. The New York Court of Appeals on Thursday ruled Oswego County Court abused its discretion when it denied Scott C. Furey's for- cause challenge.
Hours before two back-up alternate jurors were chosen Wednesday for Joshua Komisarjevsky's triple homicide trial, his attorneys filed a motion seeking the right to 40 additional peremptory challenges of potential jurors. The motion might be a moot point, as only one more back-up alternate juror is needed to complete the panel. The defense has used 38 of its existing 40 challenges.
Allowing jurors to submit questions for witnesses during trial provides a potentially valuable tool for jurors, as well as a window into juror thinking. The study of juror questions is based on a close examination of the 829 questions jurors submitted during 50 civil trials and the videotapes of the jury deliberations in those cases. The vast majority of the Juror questions demonstrate a problem-solving approach consistent with the jurors' role as fact-finders, rather than as advocates. The procedures used to guide the questioning process can be crucial. Drawing upon observations of juries in Arizona and the federal Seventh Circuit, procedures are described to optimize the use of juror questions.
An enterprising Maryland juror figured he could break a deadlock in a robbery trial by slipping a battery into a powerless cell phone that had been admitted into evidence. Of course, rather than being a help, the result is a new trial for a defendant who had faced 25 years of hard time.
For one week every year, circuit courts in Missouri do a little something special for the people who show up for jury duty. The observance of Juror Appreciation Week began in 2000 by an order of the Missouri Supreme Court, which, according to The Missouri Bar's website, stated in part: "Each year thousands of Missourians perform one of the most significant civic duties granted to citizens -- they serve as fair and impartial jurors in communities throughout the state. To honor those citizens who have performed their civic duty, all Missouri courts are directed to observe Juror Appreciation Week.
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