Juror Misconduct Law in Review

#3: Establishing a presumption of prejudice in suspected juror misconduct cases


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Fairbanks v. State, No. 49A02-1707-CR-1675, 2018 WL 4003474 (Ind. Ct. App. Aug. 1, 2018).

#3: Establishing a presumption of prejudice in suspected juror misconduct cases.

We examine the juror misconduct issues in the case of Fairbanks v. State, No. 49A02-1707-CR-1675, 2018 WL 4003474 (Ind. Ct. App. Aug. 1, 2018).

The question we’re going to answer in today's podcast is this:

Your law clerk sees a juror in the hallway looking possibly at a YouTube “how to” video on police investigations and credibility.  What does a party need to prove in cases of suspected juror misconduct to appeal his conviction?

Issues included suspected juror misconduct, the presumption of prejudice & rebutting the presumption, invited error, and a juror's cell phone use to possibly research police investigations & credibility on YouTube.

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Juror Misconduct Law in ReviewBy Nilgun Aykent Zahour: SM JUROR Attorney & Juror Misconduct Legal Strategist