Juror Misconduct

A man who served on the jury that convicted a 25-year-old Costa Mesa handyman of the rape and murder of a Laguna Hills woman and recommended the death sentence may be called back to court next week to answer questions about a comment he made during jury deliberations. Attorneys for convicted murderer Eric Wayne Bennett have asked Superior Court Judge Kathleen E. O'Leary to declare a mistrial in the case.

Federal District Judge Lucy Koh said she will review claims that the jury foreman in the Apple-Samsung patent infringement case hid information during the jury selection process. In a major blow to Samsung, a jury in August awarded Apple $1.05 billion in damages. Samsung is arguing that jury foreman Velvin Hogan did not disclose that he filed for bankruptcy in the 1990s after being sued by his former employer, Seagate Technologies, according to CNET . Since 2011, Samsung has owned shares of Seagate and has a partnership with the company, according to the Register . Test your knowledge of business news Additionally, Samsung said that one of the lawyers who represented Seagate against Hogan is married to one of the lawyers who represented Samsung in the case, according to the Register.

A jury's deliberations were tainted by one member persistently claiming special knowledge about a woman who killed her son's alleged molester, an attorney argued this week. Three appellate justices on Thursday heard arguments for and against freeing Ellie Nesler, the Sonora woman whose actions sparked a debate about vigilante justice. The 5th District Court of Appeal is expected to issue a ruling within 90 days.

Defense attorneys representing fashion designer Anand Jon Alexander have presented an audiotape they say proves a juror spoke with Alexander's sister during trial. The revelation came Friday at a hearing on a defense motion for a new trial and contradicts the sworn testimony of Alvin Dymally, who hours earlier had denied contacting Sanjana Alexander before verdicts were reached in November. Dymally's court-appointed attorney said he wants to examine the tape before deciding what legal advice he will give his client.

Citing juror misconduct, a judge Wednesday granted convicted "Trailside Killer" David Carpenter a new trial in the 1980 murders of five Marin County hikers. Superior Court Judge Herbert Hoffman ruled that jury forewoman Barbara Durham, through her knowledge of Carpenter's previous death sentence for two 1981 Santa Cruz trail slayings, deprived him of his constitutional right to a fair trial. Hoffman, who said he was convinced "without any question" of Carpenter's guilt, added: "Regrettably, I have to make this finding.

Citing juror misconduct, a judge Wednesday granted convicted "Trailside Killer" David Carpenter a new trial in the 1980 murders of five Marin County hikers. Superior Court Judge Herbert Hoffman ruled that jury forewoman Barbara Durham, through her knowledge of Carpenter's previous death sentence for two 1981 Santa Cruz trail slayings, deprived him of his constitutional right to a fair trial. Hoffman, who said he was convinced "without any question" of Carpenter's guilt, added, "Regrettably, I have to make this finding.

Timothy J. McVeigh's lawyers told a federal appeals court Tuesday that McVeigh deserves a new trial in the Oklahoma City bombing because of juror misconduct and media reports of a purported confession just before the case began. The lawyers also argued in front of a three-judge panel of the U.S. 10th Circuit Court of Appeals that the judge at the trial, Richard P. Matsch, unfairly restricted questioning of prospective jurors about the death penalty.

Simpson trial juror Jeanette Harris has opened a window into the so-called deliberative process and the view is not pretty. Harris was dismissed from the jury Wednesday after the court found that she had not disclosed a domestic-violence incident in her past. She then did a long television interview in which she suggested that some of the jurors had formed judgments about Simpson's guilt or innocence and discussed their opinions of the case, and that serious racial divisions exist.

Rejecting defense arguments that there had been misconduct during jury deliberations, a federal judge in Los Angeles on Monday declined to grant a new trial to men convicted in the 1985 kidnaping and murder of U. S. drug agent Enrique Camarena. U. S. District Judge Edward Rafeedie said that allegations by juror William Parris that fellow panel members had ignored his warnings not to read newspapers during the trial lacked credibility.

The state Supreme Court on Thursday reversed the perjury convictions of former San Diego Mayor Roger Hedgecock and temporarily set aside a conspiracy conviction to permit a trial court to reconsider claims of misconduct against a bailiff and juror.

Lawyers for former Gov. George H. Ryan asked for a new trial, saying juror misconduct tainted Ryan's conviction for racketeering and fraud. Ryan's defense team filed 70 pages of court papers in Chicago, rehashing many of the legal arguments that arose after the April 18 verdict, when both sides spent two weeks discussing jurors' behavior. During deliberations, two jurors were replaced with alternates because they failed to disclose arrest records on a court questionnaire.

Lawyers for Robert Blake asked a judge Monday to overturn a $30-million wrongful death verdict against the actor, saying jurors made the award out of disgust over the acquittals of celebrity defendants including O.J. Simpson and Michael Jackson. Juror Jose Elias in a sworn statement said that some panelists viewed the Blake verdict as a way "to send a message that rich people and celebrities can't get away with causing someone's death." "Jurors talked about O.J.

A dozen years have passed since Martin Soto Fong was convicted in a triple homicide at a convenience store in a threadbare south Tucson neighborhood, part of an apparent robbery gone awry. Soto might have quietly disappeared into the prison system like scores of other inmates -- except for the clouds that linger over the prosecutor who won the conviction, Kenneth Peasley.

Juror No. 2386 had been sitting in a downtown Los Angeles courtroom for two days, waiting to be grilled by lawyers, when he let out a loud yawn. "You yawned rather audibly there. As a matter of fact, it was to the point that it was contemptuous," said Superior Court Judge Craig Veals, who was presiding over jury selection for an attempted murder trial. "I'm sorry, but I'm really bored," the juror replied. "I'm sorry?" the judge responded, and the juror repeated his statement.

Jurors deciding the fate of two former Tyco International Ltd. executives said Friday that their bitter stalemate had hardened, but they agreed to resume deliberations Monday in an effort to stave off a mistrial. Jurors first revealed in notes to the judge Thursday a strident clash between what seems to be one juror holding out for acquittal and others who appear to be leaning toward conviction.

The attorney for a Santa Rosa Valley woman convicted last year of murdering her three young sons has requested a new trial based on claims of juror misconduct. Socorro Caro, 44, faces the death penalty during her sentencing next week. After convicting Caro in November, the same jury recommended that she be executed. Superior Court Judge Donald D.

Former Ram cornerback Darryl Henley, convicted of cocaine trafficking along with four others in March, is asking for a new trial, alleging juror misconduct. On Wednesday, Henley joined his uncle Rex Henley, who was convicted with him, in a petition for a new trial in U.S. District Court. A third co-defendant, Willie McGowan, will also join in the petition, his attorney said. The other co-defendants, Rafael Bustamante and Garey West, are expected to follow suit shortly.

An incident of juror misconduct surfaced Wednesday during the penalty phase of the Justin Merriman murder case, but a Ventura County judge ruled it was not prejudicial enough to force a mistrial. Superior Court Judge Vincent J. O'Neill Jr. issued the ruling after a dramatic disclosure that during deliberations last month a 63-year-old female juror and a county deputy sheriff discussed how the jury was going to "fry" Merriman.

A juror who voted to convict a Garden Grove man of armed robbery last year now says the jury improperly considered the man's decision not to testify. Attorneys for George Arnulfo Lopez say the unexpected admission is evidence of juror misconduct--and grounds to award him a new trial. Jurors in California are instructed to base criminal verdicts on the evidence presented at trial, not a defendant's decision to remain silent, said James Crawford, one of Lopez's lawyers.