Topic: Juror Misconduct

Court Lifts Limits on Alternate Jurors in Civil Trials

The Florida Rules of Civil Procedure have been amended by the Florida Supreme Court to remove the limit on the number of alternate jurors in civil trials. Effective January 1, 2017, Rule 1.431 has been amended to read “The court may direct that 1 or more jurors be impaneled to sit as alternate jurors in addition to the regular panel.” Currently the rule imposes a limit of two alternate jurors […]

November 29, 2016

Juror’s Mid-Trial Tweets Not Enough for New Trial

This month, in a case of first impression in Florida, the Fourth District Court of Appeal held that statements posted by a juror on social media during trial were insufficiently prejudicial to require a new trial. The juror posted a series of tweets on his Twitter account during jury selection and trial which included: a) “I got picked as a juror … I hate this s___. I’m so pissed, I […]

October 31, 2016

IPhone + Encarta = New Trial

A jury verdict was reversed earlier this month due to juror misconduct when the foreperson used his Iphone to look up the definition of “prudent” on Encarta during a break in the jury’s deliberations.  In Tapanes v. State, 42 So. 3d 159 (Fla 4 DCA 2010) the court wrote: “Although here we confront new frontiers in technology, that being the instant access to a dictionary by a smartphone, the conduct complained […]

September 20, 2010

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