J. Verdicts

United States v. Lemurel E. Williams, 7th Circuit Court of Appeals No. 15-1194, 4/26/16 Williams is entitled to a new trial because under the totality of the circumstances, the jury’s continued deliberations after an aborted delivery of the initial verdict were impermissibly coercive. The jury returned a guilty verdict but, during the polling of the jurors, the… Read more

Question Presented: Most states and the federal government have a rule of evidence generally prohibiting the introduction of juror testimony regarding statements made during deliberations when offered to challenge the jury’s verdict. Known colloquially as “no impeachment” rules, they are typically codified as Rule 606(b); in some states, they are a matter of common law… Read more

Question presented: Whether, after a judge has discharged a jury from service in a case and the jurors have left the judge’s presence, the judge may recall the jurors for further service in the same case. Lower court decision: Dietz v. Bouldin, 794 F.3d 1093 (9th Cir. 2015) Docket Scotusblog page The federal circuit courts… Read more

State v. Wade M. Richey, 2014AP1758-CR, District 3, 3/17/15 (not recommended for publication); case activity (including briefs) In this prosecution for reckless driving causing great bodily harm and homicide by operating with a detectable amount of a controlled substance, the circuit court erroneously excluded Richey’s medical records from evidence at trial, though the error was harmless… Read more

Warger v. Shauers, USSC No. 13-517, 2014 WL 6885952 (December 9, 2014), affirming Warger v. Shauers, 721 F.3d 606 (8th Cir. 2013); Scotusblog page (includes links to briefs and commentary) Resolving an issue that had split some federal circuit courts, the Supreme Court unanimously holds that Federal Rule of Evidence 606(b) precludes a party seeking a… Read more

State v. Michael T. Grant, 2013AP515-CR, District 2, 1/15/14; court of appeals decision (not recommended for publication); case activity Grant was on trial for two counts of sexual assault involving two different victims. (¶¶1, 4-6). During deliberations the jury advised the court it had reached a verdict on one count but could not agree on… Read more

State v. Julian L. Perez, 2013AP750-CR, District 1, 12/10/13; court of appeals decision (not recommended for publication); case activity Where the evidence at trial showed that the defendant possessed a firearm over a short span of time at two locations in the same apartment building, the jury did not need to be unanimous as to… Read more