By: Sara Kropf Jury selection as a funny thing. As I’ve said before, it is far more art than science. Most courts have a list of standard questions of the ask every juror during jury selection. One of those questions is whether or not the prospective juror is biased...
Should Jurors Be Allowed to Ask Questions During a Criminal Trial?
By: Sara Kropf The judge in one of my recent criminal trials allowed the jurors to ask questions. It was mostly fascinating, though there were a few scary moments too. On the one hand, it gave us valuable insight into what the jury was thinking. I’m sure it helped the...
How to Pick a Fair Jury
By: Sara Kropf I don’t care what jury consultants say, picking a jury is an art and not a science. For most trial lawyers, it’s based on gut feelings and sizing people up quickly and peeks at what a juror’s t-shirt says or what book she’s reading. The dirty little...
What’s a Mistrial?
By: Sara Kropf Late in the afternoon of September 5, 2018, U.S. District Judge Royce C. Lamberth declared a mistrial in the second trial of Nicholas Slatten. The jury had been deliberating for a remarkable 16 (!) days when it sent a note saying, “we are unable to...
Well, At Least We Know Allen Charges Work – Blankenship Jury Verdict
By: Sara Kropf The trial of Donald Blankenship has been all over the media. I've written about it here and here and here and here. Today, the jury reached its verdict. It found Mr. Blankenship guilty on one charge of conspiracy to avoid certain mine-safety laws. This...
The Impossible Standard to Change Venue–The Massey Mine Case Is Still in West Virginia
I’ve posted before about the upcoming criminal trial of Don Blankenship’s involvement in the Massey Mine disaster. The trial started on October 1 and is still going. It’s going to be a long one. Back in February, Mr. Blankenship filed a motion to change the venue of...
First, We’ll Blame the Lawyers: Second Circuit Grants New Trial in Remarkable Jury Taint Case
This is the kind of case that wakes up lawyers in a cold sweat at night. The Second Circuit recently granted a new trial to a defendant after the trial court found that he had waived his right to a new trial. The waiver came when his lawyers discovered the possibility...