In the ongoing case, the plaintiff has suggested an alternative in the event the judge rules against the possibility of
striking jurors.
Anyone interested in the process of choosing and
striking jurors (in the U.S.), through the process of voir dire, this is a fairly comprehensive article on the topic.
Judge Caproni interviewed each prospective juror, and made it clear that she would not
strike jurors if they said they could set aside what they had heard, and consider the case fairly and with an open mind.
Marco Bellocchio's «Vincere» has its admirers, particularly in the European critical community, as does Andrea Arnold's «Fish Tank» — though the former's biographic sweep and the latter's grim British social realism may
strike the jurors as a little too familiar.
That solves part of the problem, in that you know you can't raise a Batson challenge unless
the struck juror is obviously and voluntarily out.
We don't get to
strike jurors until voir dire, that's why i asked.
Each «round» consists of each party or the party's attorney asking questions of the prospective jurors, followed by the judge asking each party or attorney if he or she wishes to
strike any juror.
Jurors frequently like to keep occupied during long labourious cross examinations by opposing counsel, when boredom
strikes jurors sometimes prefer to leaf through their hardcopies — a nice way to pass the time!
For example, one issue that commonly recurs is how to preserve an objection either when the court denies a motion to
strike a juror for cause, or grants the other side's.
Not exact matches
Although a federal agent told
jurors he had been investigating Karpeles, U.S. District Judge Katherine Forrest later
struck much of that testimony as improper.
Liberal 9th Circuit Judge Stephen Reinhardt, who
struck down California's Proposition 8 as well as gay marriage bans in Nevada and Idaho, and wrote a ruling that barred
jurors from being removed because of sexual orientation, has died at 87.
The
jurors wrote in a note Monday that they'd
struck out after considering «the facts and the evidence with open minds.»
Adam's lawyer Christopher Conniff
struck the same theme, telling
jurors the charges were based on nothing more sinister than Dean trying to do what all fathers do — help find his kid a job.
One of Mr. Silver's lawyers, Steven F. Molo, moved to
strike the prospective
juror for cause, but the judge declined.
Lee J. Cobb is particularly
striking as
Juror # 3, in the role of his career.
«The
jurors were
struck by Linder's inventive consideration of the latent role of presence through layers of formalist modernist histories and interplay of props and choreography.»
The
jurors were
struck by Linder's inventive consideration of the latent role of presence through layers of formalist modernist histories and interplay of props and choreography,» wrote Mika Yoshitake.
Pieces were selected by
Juror Alex Paik, a Brooklyn - based installation artist and director of Tiger
Strikes Asteroid, an organization of artist - run spaces.
About her selection of the artwork to feature on the cover,
juror and Hammer Museum senior curator Anne Ellegood wrote that she was «
struck by the rawness and honesty of Maja Ruznic's paintings.
2007 A bell is a cup until it is
struck, PUNCH + SOIL International Juried Exhibition, Punch Gallery, Seattle, WA,
Juror: Eric Fredericksen, Director, Western Bridge, Seattle, WA The Hook Up, New American Art Union, Portland, Oregon, curated by Jesse Hayward New American Talent: 22, arthouse at The Jones Center, Austin, TX (catalogue) A Simple Complex Redux, The Brewery Project, Los Angeles, CA, curated by John O'Brien
The exhibition on display at EFA presents a selection of several dozen of the most
striking submissions as selected by two
juror's reviews in 2008 and 2009 as well as more recent projects that have been uploaded to the site.
New state rule deems that a presumptively invalid reason for
juror strike
Duty Room Handles various matters including motions for default judgment, decisions concerning applications for warrants to search, applications by the Clerk to
strike improper or incomplete pleadings, motions to dismiss filed by the prosecutor pursuant to Criminal Rule 48, cognovit notes, motions to excuse
jurors, probable cause hearings, and performing civil wedding ceremonies.
Once you've gone through your motions to
strike for cause, there will probably be
jurors that the judge wouldn't
strike for cause.
Because you don't want to waste your precious preemptive
strikes on biased
jurors.
The reversal was based in part on the trial court's failure to
strike five
jurors for cause after it was revealed in voir dire that the
jurors had relationships with plaintiffs» counsel.
In Virginia, the opposing lawyers are permitted to ask direct questions to potential
jurors before exercising their handful or two of peremptory jury
strikes.
The law states that once the defense has made an initial showing that
jurors are being
struck just because they are black and may sympathize with a black defendant, the prosecution must show that there were other legitimate reasons.
You are probably not surprised to learn that the Ninth Circuit punted on this part of the problem and will leave it to lower courts — the ones actually stuck dealing with juries — to figure out how on earth to ensure gay and lesbian
jurors are not unfairly
struck from a jury while not accidentally requiring those same
jurors to out themselves.
That
jurors don't know that
strikes me as just more evidence that citizens called to do their civil duty aren't respected.
Many criminal defense lawyers, she says, «maintain that the prosecution practice of using peremptory
strikes to remove black
jurors remains widespread.»
But something about the witness
struck him as familiar, the lawyer told the
jurors.
The app also assists lawyers in the decisions on whether to utilize peremptory or «for cause»
strikes on each
juror, and in tracking what opposing counsel has chosen.
That was a preremtory
strike, she acknowledged, that she could have used against another
juror if potential bias against her were not in play.
Most states allow each side 6 challenges or
strikes to eliminate unwanted
jurors for any reason (other than race).
The suggestion is to take away advocates» ability to exercise «peremptory
strikes» (i.e., the ability to reject a fixed number of potential
jurors without stating any reason).
We were able to get a few
jurors struck for cause in each case as they admitted that they could not award money damages for injury cases.
They also have unlimited «for cause
strikes,» which are when a
juror is biased in some way.
For instance, a
juror who reveals during voir dire that she is the sister of the plaintiff in a personal injury case may be
struck «for cause» if the law or court rules prohibit blood relatives of the parties from sitting on juries that hear their cases.
A
juror may be
struck «for cause,» because a law or court rule prevents that person from serving as a
juror, or a party may use a «peremptory
strike,» in which the party may dismiss a certain
juror without saying why.
Once the judge has asked each party or attorney if he wants to
strike any prospective
juror «for cause,» and any
jurors who are stricken for cause leave the jury box, the judge will ask each party in turn if he or she wants to use a «peremptory
strike» or «peremptory challenge» to remove any
juror.
Peremptory
strikes are most often used, therefore, to dismiss prospective
jurors whom one party believes will be biased and therefore unable to evaluate the case fairly.
These
strikes may only be used if legal cause exists to remove one or more of the
jurors.
Also, the U.S. Supreme Court has held that in criminal cases, prosecutors can not use peremptory
strikes to eliminate potential
jurors based on the
juror's race, ethnicity, or gender.
Once an entire jury is seated and no party has tried to
strike any of the potential
jurors for cause or by using a peremptory
strike, the jury is generally sworn in and the trial moves on to the next step, often preliminary instructions or opening statements.
Assist the attorney with the entire voir dire process (e.g., taking notes,
striking, and selection of
jurors);
She writes about the intersection between criminal law and legal ethics, and has researched the issue of using impermissable reasons (e.g., race or gender) to
strike prospective
jurors from the jury box.
In dealing with potential
jurors, the peremptory
strike plays that vital role.
Thaler v. Haynes involves a defense objection under Batson v. Kentucky (pdf)(1986) to the prosecution's peremptory
strike of a potential
juror; Batson forbids
striking potential
jurors from a panel solely based on race.
The state trial court judge upheld the
strike because the prosecution provided a race - neutral reason, but that judge did not observe the potential
juror's behavior.