Supreme Court takes up sentencing factors case 
By:
Kimberly Atkins
Published: January 14, 2013
Tags: Apprendi v. New Jersey, Criminal Law, judicial discretion, jury trial, Sixth Amendment, U.S.
WASHINGTON – In a case that raises the question of whether judges, rather than juries, can constitutionally decide factors that could trigger an increase in the minimum sentence, the justices of the U.S. Supreme Court seemed reluctant to shake up a sentencing scheme that Congress and the courts have relied upon for more than a decade.
Turning expert witnesses’ data into meaningful testimony
By:
Richard Gabriel
Published: November 5, 2012
Tags: expert testimony, expert witnesses, jury trial
Lawyers care about an expert’s credentials, how the expert’s opinions support their case, and the expert’s ability to withstand cross-examination. Experts care about their reputation and how to balance objectivity with assisting their client’s case. Jurors just want to figure out what the heck is going on.
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.
