Jan 12

final-jur-e headline

Federal Panel Finds Exclusion of Unvaccinated Jurors Not 6th Amendment Violation

In United States v. O’Lear, defendant was convicted of several healthcare frauds. On appeal he claims the trial court’s exclusion of individuals who had not been vaccinated against COVID-19 from the pool of potential jurors unlawfully infringed on his right to an impartial jury selected from a fair cross section of the community. The appellate panel rejected the claim on the grounds that those unvaccinated for COVID-19 do not constitute a “distinctive group” as required by a three part test first announced by the Supreme Court in Duren v. Missouri.

Houston Asks, "Why Don't They Come?"

The Harris County District Court has been concerned about the high juror nonresponse and failure to appear rates. A team of researchers and stakeholders partnered with the Harris County District Clerk to investigate causes and potential cures for this persistent phenomenon. Their data-rich and easily readable report (“Why Won’t They Come”) sets forth the major reasons summoned citizens don’t comply with or receive summonses.

Its recommendations to increase participation in jury service include:

  • Minimize the impact of untimely and undelivered mailings by adjusting timeframes and improving address accuracy.
  • Improve design and content of jury communications including the summons and jury information website to increase comprehension.
  • Minimize transportation barriers through collaborations with Justice of the Peace Courts

Hawaiian Jury Trial May Last 6 Months & Summon Thousands of Jurors from All Islands

By way of video and print mediums, Hawaii News Now reports a federal jury selection is underway for one of the biggest organized crime trials in Hawaii history. Business man and alleged crime boss Michael Miske is facing nearly two dozen courts in a suspected murder-forhire plot along with an alleged chemical weapons case. There are predictions the trial may last for six months with more than 700 witnesses. Potential jurors are being drawn from all the islands of Hawaii.

Trial Judge Declares Mistrial Relying on Views of Jury Majority

The Las Cruces Sun-News reports that New Mexico District Judge Richard Jacquez declared a mistrial in a murder case after the jury informed him they were deadlocked after five hours of deliberation. Before doing so, the judge asked the jury if recessing over the weekend and returning on Monday could result in a consensus. A majority of the twelve jurors expressed the view further deliberations would not guarantee a verdict. As a result of the trial judge’s ruling, the case will remain pending weeks or months rather than a weekend.

Avenatti Attorney Claims Trial Judge Pushed to "Rat Out" Holdout Juror

Law 360 ($) Journalist Pete Bush reported on oral arguments before a panel of the US Court of Appeals for the 2nd Circuit in which the convicted former attorney for Stormy Daniels asserted the trial judge’s instruction to a deadlocked jury was illegally coercive. One judge on the appellate panel was moved by the argument that Judge Jesse Furman crossed a line by instructing jurors to let him know if any juror — presumably a holdout for acquittal in a jury room favoring conviction — refused to deliberate. A full quotation of the judge’s instruction is included in the article.