State v. Lynch (Lawyers Weekly No. 011-202-17, 15 pp.) (Richard Dietz, J.) (John Arrowood, J., concurring in part & dissenting in part) Appealed from Duplin County Superior Court (Phyllis Gorham, J.) N.C. App. Holding: During jury selection, a potential juror ...

Tagged with: Juror Misconduct oral pronouncement

State v. Salentine (Lawyers Weekly No. 14-07-0985, 24 pp.) (Linda Stephens, J.) Appealed from Johnston County Superior Court (William Bell, J.) N.C. App. Holding: During an inquiry into juror misconduct, the trial court did not blindly accept a juror’s answers; ...

Tagged with: Juror Misconduct

In a case pitting the right to a fair trial against the sanctity of the jury system, the N.C. Supreme Court has ruled that juror affidavits detailing a fellow juror’s misconduct cannot support a plaintiff’s bid for a new trial. The Oct. 7 decision reverses findings by the trial court and state Court of Appeals. Both courts determined that affidavits from two jurors who accused a fellow juror of misconduct were admissible. The affidavits alleged that a juror had announced during the trial, and before hearing the plaintiff’s evidence, that he was going to side with the defendant and any attempts to change his mind would be futile. Raleigh attorney Robert O. Crawford III (pictured), represented the defendants in their appeal.

Tagged with: Juror Misconduct

State v. Patino. (Lawyers Weekly No. 10-07-0960, 12 pp.) (Wanda Bryant, J.) Appealed from Henderson County Superior Court (Zoro J. Guice, J.) N.C. App. Click here for the full text of the opinion. Holding: When defense counsel fails to give ...

Tagged with: Criminal Practice Henderson County Juror Misconduct Sexual Offense

Cummings v. Ortega. The trial court did not commit legal error, nor did it abuse its discretion by admitting into evidence affidavits of two jurors alleging juror misconduct when considering a Rule 59(a) motion to set aside a jury verdict and subsequently refusing to reconsider its decision.

Tagged with: Harnett County Juror Misconduct Medical Malpractice Rule 59 Tort-Negligence Tort/Negligence