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Must a company’s criminal fine be imposed by a jury? 

By: Kimberly Atkins
Published: March 20, 2012

Tags: Fifth Amendment, jury trial, Sixth Amendment, Supreme Court

WASHINGTON – The justices of the U.S. Supreme Court considered on Monday whether a judge-imposed fine against a company convicted of environmental violations violated the Fifth and Sixth Amendments because it wasn’t determined by a jury.

Private trials: Avoiding the costs and delays of the courts

By: Richard Gabriel
Published: January 24, 2012

Tags: jury trial

All litigants on both sides of the aisle have been squeezed by the exponential complexity of litigation and the accompanying time and expense of discovery and trial. But while this strain causes some parties to settle cases rather than deal with prolonged trial dates, there will always be a place for parties to have their matters resolved by a representative cross-section of the community, and some additional but seldom used remedies are available for those parties who do not want to wait for the courts.

Jurors’ post-trial letters not sufficient for new trial 

Published: October 26, 2011

Tags: juror misconduct, jury trial

Letters from jurors expressing their doubts about the defendant’s guilt and describing irregularities during deliberations were not sufficient to warrant a reversal of the defendant’s conviction, the Illinois Appellate Court has ruled.

No right to jury trial in action for state income tax refund 

Published: June 15, 2011

Tags: jury trial, taxation

A taxpayer does not have the right to a jury trial in an action for a refund of state income taxes, the California Supreme Court has ruled in reversing an appellate decision.

WARN Act plaintiffs can’t get jury trial 

By: Pat Murphy
Published: February 17, 2011

Tags: jury trial, layoffs, WARN Act, Worker Adjustment and Retraining Notification Act

Plaintiffs were not entitled to a jury trial on a claim that their former employer violated federal notice requirements for plant closures, the 6th Circuit has ruled in affirming judgment.

Jury declines to award $134M in child support 

By: Correy Stephenson
Published: September 13, 2010

Tags: child support, jury trial

After deliberating just a few hours, a California jury declined to award the two children of billionaire Donald Bren any retroactive child support.

California litigants can choose trials with time limits 

By: Allison McAndrew
Published: August 31, 2010

Tags: jury trial, peremptory challenges

California lawmakers have unanimously approved a bill that allows civil litigants to opt for trials with time limits and smaller juries.

DOUBLE JEOPARDY 

By: Kimberly Atkins
Published: May 3, 2010

Tags: double jeopardy, jury trial, mistrial

A defendant claiming a Double Jeopardy violation is not entitled to federal habeas relief where a state court’s application of federal law was not unreasonable.

See “Court rejects Double Jeopardy claim”

U.S. Supreme Court. Renico v. Lett, No. 09-338.  May 3, 2010. Lawyers USA No. 993-1856.

Court rejects Double Jeopardy claim 

By: Kimberly Atkins
Published: May 3, 2010

Tags: double jeopardy, jury trial, mistrial

A defendant claiming a Double Jeopardy violation is not entitled to federal habeas relief where a state court’s application of federal law was not unreasonable, the U.S. Supreme Court has ruled.

Murder conviction reversed 

By: Correy Stephenson
Published: December 4, 2009

Tags: jury trial

A murder conviction must be reversed because a state trooper who investigated the case and sat with the prosecution conversed with several jurors during the trial, even though they only discussed hunting and football, the West Virginia Supreme Court has ruled.