Unclear Whether Trump Entitled to Jury in Civil Fraud Case
The New York Law Journal reports that former president Donald Trump told reporters that it was “very unfair” he did not have a jury in the bench trial on whether he inflated the value of his family’s business assets. At the time of filing in July 2023, the prosecution indicated that they were not seeking a jury trial. The defense team never filed any objection or response because according to one source, Trump’s legal counsel did not believe that they were entitled to a jury trial under New York Executive Law ยง 63(12). In this case, the state is seeking to bar the former president from conducting business in New York and disgorgement of nearly $250 million for purportedly misrepresenting his worth to secure better loans. One attorney, Michael Scotto of the Scotto Law Office, told the Journal that it’s always been his understanding that “if you get equitable relief, you don’t get a jury trial.” Some experts believe that Trump’s team could have tried to litigate whether the $250 million in disgorgement sought is a form of equitable or monetary relief. Disgorgement, which requires the defendant to return ill-gotten gains to the harmed party, would in this case require the 2024 presidential candidate to return what is estimated to be $250 million in wrongfully acquired gains through the fraudulent representation. Another Trump attorney in a separate case pointed out on CNN that in a 2011 case under the same law, the court ruled that there is no right to a jury trial.
Florida Man Sentenced to Death by Split Jury Executed
The Huffington Post reports that a Florida man, Michael Zack, was executed for killing a woman named Ravonne Smith in 1996. Zack was also serving a life sentence for killing another woman, Laura Rosillo, days prior to his murder of Smith. Notably, Zack was sentenced to death by a nonunanimous jury under a statute that has since been found unconstitutional. Previously, the Florida Supreme Court had ruled that a unanimous jury was required to impose a death penalty sentence. However, the high court reversed itself in a 2020 decision, making Florida only one of two states – the other being Alabama – that merely requires a majority for the death penalty. In 2023, Florida became the state with the lowest threshold for imposing the death penalty. Under the new law, a jury may impose the death penalty with only an 8-4 vote, which is lower than Alabama’s 10-2 requirement.
Up to 30 Arizona Death Row Defendants May Receive New Sentencing Hearings
In the Arizona Republic, EJ Montini writes as many as 30 defendants on Arizona’s death row could have new sentencing hearings following the Supreme Court’s decision last year in Cruz v. Arizona. In that case, the Court found that jurors must be informed if a defendant is ineligible for parole. Prior to SCOTUS’ ruling, Arizona jurors were sentencing individuals to death without knowing that parole is not a possibility in the state. As Montini asks, “Would not knowing that life means life make you more inclined to vote for the death penalty?” Cruz upheld prior rulings by the Supreme Court – Simmons v. South Carolina and Lynch v. Arizona – which found that the jury must be informed if parole is not available, but the problem as Montini sees it is Arizona’ refusal to comply with the law. His sentiment is echoed by Dale Baich, a former assistant federal public defender in Arizona, who opined “This whole mess could have been avoided if the Arizona Supreme Court followed the law that has been in place for nearly 30 years.”
Sleeping Through Jury Service
One individual in Britain expressed his frustration to InsideTime, a “national newspaper for prisoners and detainees,” that a juror fell asleep during his trial. The contributor, whose name was withheld, opined that the proper administration of justice requires jurors who are awake and alert throughout the entirety of the proceedings, not jurors who are asleep on the job. Jurors are not only responsible for weighing evidence, but also are responsible for assessing witness credibility. Both of these functions require jurors to be awake at a minimum. He believes that this experience resulted in a prejudiced verdict against him.