13 votes
Accepted

Can lawyers ask about, and discriminate based on, iPhone ownership during a case involving Apple?

The question of whether they can ask these questions will be left to the trial judge. If the parties can make any kind of reasonable argument that consumers of one product or the other are likely to ...
bdb484's user avatar
  • 58.2k
7 votes

Requirement to disclose information during jury selection

If you are directly asked a question, you might sit there silently or explicitly refuse to answer, and the judge may order you to answer (refusing the order would be contempt). A non-responsive answer ...
user6726's user avatar
  • 215k
6 votes
Accepted

Likelihood of jury selection procedure in this story

Short Answer This account would be a fairly extreme outlier relative to normal practice in jury selection, but it is certainly something that could possibly happen (except for one small detail that ...
ohwilleke's user avatar
  • 206k
5 votes

Can I ask potential jurors in a prima facie state if speeding is legal?

It is the job of the judge to instruct the jury about the law. If Texas had pattern instructions I'd look up what the instruction is for this matter, but you don't, so I don't know what the judge ...
user6726's user avatar
  • 215k
4 votes

Are there any limits on being "overly selective" during Jury Selection?

At least in US criminal court procedure, each side generally has a limited number of "peremptory challenges". These can be used to excuse (dismiss) potential jurors without specifying any ...
David Siegel's user avatar
4 votes

Are there any limits on being "overly selective" during Jury Selection?

One limit is that potential jurors cannot be excluded solely on the basis of their race. See Batson v. Kentucky, 476 U.S. 79 (1986); Flowers v. Mississippi, 588 U.S. ___ (2019). As summarized in ...
Jen's user avatar
  • 51.5k
3 votes
Accepted

Protocol if juror cannot hear or see something clearly

If a sitting juror, or a prospective juror during voir dire, cannot see or hear something clearly, what is the protocol for the juror to alert the court of this? Say something immediately? Raise ...
ohwilleke's user avatar
  • 206k
2 votes

Is the following case about jury nullification true?

The theory of jury nullification would likely be relevant to the case, and the defendant would likely be entitled to give the jury at least some explanation of what it is and how it works. I think you ...
bdb484's user avatar
  • 58.2k
2 votes
Accepted

Cyclist killed in hit-and-run; will cyclists be allowed on the jury?

It depends where you are Strike for Cause In jurisdictions where you can strike for cause the judge would hold a trial to determine if this was a sufficient cause to exclude the juror. The specifics ...
Dale M's user avatar
  • 205k
2 votes

Can a judge order a juror stricken for cause to return?

This is probably allowed, unless Texas has a 1 day or 1 case rule (which is common but hardly universal), in which case the potential juror could only be held for one day. A juror can be compelled to ...
ohwilleke's user avatar
  • 206k
2 votes

Can I ask potential jurors in a prima facie state if speeding is legal?

Questions of law aren't proper in jury voire dire. You could ask voire dire questions intended to get at the same point. But you can't ask them what the law actually says. Also, jury trials for ...
ohwilleke's user avatar
  • 206k
1 vote

How to do voir dire if you had taken a Driving Safety Course?

In Texas speeding is a class C misdemeanor and thus a criminal offense. Prior guilt should not be a factor in determining guilt in a trial. The prosecution would thus not present a copy of your ...
mark b's user avatar
  • 780

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