Topic: Uncategorized

Ghislaine Maxwell Seeking New Trial Based on Juror Non-Disclosure

Earlier this month, Defendant, Ghislaine Maxwell, petitioned the United States District Court for the Southern District of New York for a new trial based on a juror failing to disclose that he was a former victim of sexual abuse.  Maxwell was Jeffrey Epstein’s long-time companion and has been accused of recruiting four girls to be sexually abused by Epstein.  In late December 2021, Maxwell faced a month-long trial and ultimately […]

January 20, 2022

Improper Melbourne Analysis Requires Reversal of Criminal Conviction

Earlier this summer, the Third District Court of Appeal reversed a criminal conviction due to a trial court’s improper Melbourne analysis.  In Brannon v. State, Defendant, Earl Brannon, was convicted of two counts of criminal trespass and one count of resisting arrest without violence.  During jury selection, the jurors were questioned regarding their prior interactions with law enforcement, as there was expected to be testimony from police officers during trial. […]

August 23, 2021

Jury Selection Refresher – Top 10 Cases

It has been over a year since many of us have been inside a courtroom, let alone in trial.  Now that courthouses are opening up across the county, we wanted to provide a refresher for the top ten cases you should have in your arsenal for jury selection in Florida.   Kochalka v.Bourgeois, 162 So. 3d 1122, (Fla 2nd DCA 2015) Defense verdict reversed in car crash case because juror […]

June 21, 2021

To Google or Not to Google?

As attorneys, we go to great lengths to select the jury who will decide our client’s fate at trial – yet today, there is a looming, additional silent juror banging at the door attempting to, and sometimes succeeding in, getting in – Google and the age of information overload. Earlier this month a Broward County criminal defendant requested a new trial based on juror misconduct. Defendant, Dr. Scott Strolla, was […]

October 15, 2019

“Not Particularly Engaged” Juror Should Have Been Stricken

A trial court’s decision was reversed early in June for failing to strike a juror based on her nonverbal behavior.  The Fifth District Court of Appeal held that a juror being “not particularly engaged” during jury selection was a legally sufficient race-neutral reason to strike the juror.  Travelers Home and Marine Ins. Co., v. Gallo, 2018 WL 2448799 (Fla. 5th DCA, June 1, 2018). At trial, after concluding voir dire, […]

July 3, 2018

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