Rape defendant entitled to consent instruction 
Published: December 7, 2011
Tags: jury instructions
A rape defendant was entitled to a jury instruction on his defense of consent, the Mississippi Court of Appeals has ruled in reversing a conviction.
Establishing ground rules to help jurors judge your case
By:
Richard Gabriel
Published: October 6, 2011
Tags: jury instructions
Baseball has a strike zone and the infield fly rule, basketball has personal and team fouls, and in the litigation arena there are pre-trial and in-limine rulings. Litigators understand what playing field they are on and which guidelines they are expected to follow. Jurors, on the other hand, know how to behave as spectators but they usually are not given legal instruction – the rules that guide their verdicts – until the end of the case, and that can be devastating to your argument. Trial consultant Richard Gabriel offers some advice to help make sure the jury understands your rules for the case.
Calif. jurors face jail time for social media use during trial
Published: August 16, 2011
Tags: criminal contempt, Facebook, juries, jurors, jury instructions, social media, Twitter
Jurors in California face the possibility of jail time if they violate a new rule prohibiting them from engaging in social media during trial or deliberations.
Railroad and maritime lawyers see victory in Supremes ruling
By:
Sylvia Hsieh
Published: June 30, 2011
Tags: admiralty law, Federal Employers’ Liability Act, FELA, Jones Act, jury instructions, maritime law, negligence, proximate cause, railroad litigation
Although the case was closer than expected, attorneys who represent railroad workers are applauding the Supreme Court’s ruling last week that applied a relaxed causation standard to injury claims under the Federal Employers’ Liability Act.
Relaxed causation standard for railroad worker suits
Published: June 23, 2011
Tags: Federal Employers’ Liability Act, jury instructions, negligence, proximate cause, railroad litigation
An injured railroad worker suing under the Federal Employers’ Liability Act need only prove that the railroad company’s negligence played a part – no matter how small – in his injury, the Supreme Court has ruled in a 5-4 decision.
Court erred by grouping defendants’ charges together
Published: June 9, 2011
Tags: jury instructions
A trial court erred by impermissibly grouping two defendants together in charges to the jury when conflicting evidence was presented about each, the North Carolina Court of Appeals has ruled in vacating murder convictions against the defendants.
Defendant’s misconduct factored in comparing fault
Published: April 6, 2011
Tags: comparative negligence, jury instructions, negligence
A jury should have been allowed to consider a personal injury defendant’s alleged recklessness and willfulness in allocating liability under state comparative negligence law, the South Carolina Supreme Court has ruled in granting a new trial.
Florida issues new jury instructions on Internet use
By:
Correy Stephenson
Published: November 11, 2010
Tags: electronic communications, Facebook, juries, jurors, jury instructions, social media, Twitter
Florida has joined an increasing number of jurisdictions in addressing concerns about jurors’ use of electronic communications by issuing new jury instructions for both civil and criminal cases.
Juror removed after Facebook post
By:
Correy Stephenson
Published: September 10, 2010
Tags: contempt, Facebook, juries, jurors, jury instructions, social media, technology
A Michigan juror was recently excused from service and fined after she posted a comment on Facebook that it was “gonna be fun to tell the defendant they’re GUILTY” – before the defense even started its case.
Jury instructions: Ohio to instruct jurors on social media
By:
Correy Stephenson
Published: June 3, 2010
Tags: Facebook, jury instructions, LinkedIn, social media, Twitter
Facing the growing problem of juror use of electronic communications during trial, the Ohio State Bar Association has approved a new state jury instruction.
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