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re: Revealed tonight: one of the jurors in stone’s trial was a dem candidate for house in 2018
Posted on 2/13/20 at 12:30 pm to AggieHank86
Posted on 2/13/20 at 12:30 pm to AggieHank86
AggieHank86
Federal court is a very weird animal when it comes to jury selection, at least from the civil side. For the most part, the venire fills out forms with questions. Then the judge asks questions the judge feels is relevant. Then the parties counsel submits quesitons to the judge that they either read or decline to read.
At that point, you are left with striking for cause or using your preemptory challenges - usually 3, none of which can be for race and requires heightened scrutiny.
The huge issues in this case are (1) what was the use of the preemptory challenges and (2) what was the form completed by the juror and submitted to the court.
I'm guessing as to future handling but I believe a Motion for New Trial, followed by appeal when denied, followed by Pardon by Trump after election.
Of course, there could be the court granting the new trial and the DOJ deciding not to prosecute but I put that below 20%
quote:
This person was on the panel, and the judge declined to strike her for cause.
she is jus ONE of the veniremen, and the lawyers clearly felt she was bad-enough to exercise a peremptory strike to remove her from the panel
Federal court is a very weird animal when it comes to jury selection, at least from the civil side. For the most part, the venire fills out forms with questions. Then the judge asks questions the judge feels is relevant. Then the parties counsel submits quesitons to the judge that they either read or decline to read.
At that point, you are left with striking for cause or using your preemptory challenges - usually 3, none of which can be for race and requires heightened scrutiny.
The huge issues in this case are (1) what was the use of the preemptory challenges and (2) what was the form completed by the juror and submitted to the court.
I'm guessing as to future handling but I believe a Motion for New Trial, followed by appeal when denied, followed by Pardon by Trump after election.
Of course, there could be the court granting the new trial and the DOJ deciding not to prosecute but I put that below 20%
Posted on 2/13/20 at 11:18 pm to dafif
quote:
Federal court is a very weird animal when it comes to jury selection, at least from the civil side. For the most part, the venire fills out forms with questions. Then the judge asks questions the judge feels is relevant. Then the parties counsel submits quesitons to the judge that they either read or decline to read. At that point, you are left with striking for cause or using your preemptory challenges - usually 3, none of which can be for race and requires heightened scrutiny. The huge issues in this case are (1) what was the use of the preemptory challenges and (2) what was the form completed by the juror and submitted to the cour
I logged in to post this exact thought. Not sure how works in DC, but in MDLA, lawyers get to ask ZERO questions. All are filtered through the judge (except in rare circumstances). So the defense would likely have had no opportunity to explore this prejudice. Jury selection is quick, fast, and in a hurry. Nothing at all like state court. Absolute grounds for reversal. IMHO
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