Prof. Colin Miller has published an article about Fed. (Mil.) R. Evid. 606. Prof. Miller argues that, "Rule 606(b) to preclude allegations of juror bias violate criminal defendants' right to present a defense." Dismissed with Prejudice: Why Application of the Anti-Jury Impeachment Rule to Allegations of Racial, Religious, or Other…
Articles Posted in Members (Jury) Issues
Huuum, improvidently granted?
United States v. Rivera may not be the case to watch after all if the analysis is correct. Lyle Denniston, Analysis: How many ways to lose a case?, SCOTUSBlog, 23 February 2009. In summary, By the time Justice Anthony M. Kennedy asked a government lawyer which of several ways he…
Members selection
An important case involving the seating of a jury (Members panel) was argued today at the U.S. Supreme Court. Here is a summary of the case from SCOTUSBlog. Argument Preview: Jury selection dynamics. Here are the relevant background documents in Rivera v. Illinois, via SCOTUSWiki. The transcript of oral argument…
Members selection and associated errors
Here is a link Argument Preview: Jury selection dynamics, SCOTUSBlog, 21 February 2009 – more later perhaps.
Voir dire, Members problems.
Professor Miller has an interesting post today, Lie To Me?: Supreme Court Of Maine Opinion Reveals That Jury Deliberations Can Be Used To Prove Juror Deceit During Voir Dire,11 February 2009. The recent opinion of the United States District Court for the District of Maine in Watts v. Maine, 2009…