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Month: July 2013

MAINTAINING ESTABLISHED SAFETY RULES & JUROR PERSUASION

MAINTAINING ESTABLISHED SAFETY RULES & JUROR PERSUASION

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We know that the brain has two hemispheres. The left hemisphere of the brain controls the right half of the body and the right hemisphere controls the left half of the body. The left part of the brain is responsible for logic. It contains the language centers, interprets patterns and is detail oriented. The right side of the brain is responsible for emotions. It searches for meaning. It is also the center for music, art and kinesthetic abilities. Many people favor…

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DISCOVERING THE STEALTH JURORS IN YOUR CASES

DISCOVERING THE STEALTH JURORS IN YOUR CASES

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As trial lawyers we know the potential for a “stealth” juror on our panels. By that, we mean a person who has a secret agenda, an axe to grind which they conceal in order to get on the jury. See for example Molly McDonough’s article in the ABA Journal Law News entitled “Rogue  Jurors” http://www.abajournal.com/magazine/article/rogue_jurors/ in which she cites actual trials where such jurors were discovered. Well known plaintiff lawyers Gregory Cusimano and David Wenner have written an article entitled…

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A KAFKA ENDING TO OUR TRIAL

A KAFKA ENDING TO OUR TRIAL

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After two weeks the  jury trial I was involved in was ended by the judge declaring a mistrial. With over a hundred motions before trial and multiple motions during trial it finally just was stopped as a mercy killing. The judge decided that he should not have allowed evidence about the driver’s past driving and criminal history and  that as a result he felt he had to grant a mistrial. The entire experience reminded me of a Kafka novel  and and the…

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