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Jury commissioner hangs it up after after 38 years of public service
Pamela Wood retires after decades as Massachusetts jury commissioner, highlighting juror inclusion, data innovation, and reforms to the jury system.
SJC appoints new jury commissioner
The Supreme Judicial Court on April 7 announced the appointment of a lawyer from the Attorney General's Office as the new jury commissioner.
SJC announces revised Model Jury Instructions on Homicide
The Supreme Judicial Court has announced the release of revised Model Jury Instructions on Homicide.
Jury and jurors – Peremptory challenge – Race
Where (1) the Supreme Judicial Court upheld a petitioner’s first-degree murder conviction and (2) he then sought habeas corpus relief claiming that the allowance of the prosecution's peremptory strike of a minority-race juror constituted error under Batson v. Kentucky, 476 U.S. 79 (1986), and Powers v. Ohio, 499 U.S. 400 (1991), a U.S. District Court judge’s decision to deny the petition shoul[...]
Jury and jurors – Voir dire
Where a jury found only one of the defendants liable for a driving accident that resulted in a lower-leg amputation, the verdict should be upheld because the trial judge did not abuse his broad discretion in excluding the plaintiff's proposed line of questioning during attorney-conducted voir dire.
ABA opinion concludes biased jury strikes violate ethics rule
ABA Formal Opinion 517 says lawyers may face discipline for discriminatory peremptory challenges, even if acting on client, consultant, or AI advice.
Jury and jurors – Bias – Voir dire
Where (1) a jury found a defendant guilty of first-degree murder and (2) he has moved to vacate the verdict based on a deliberating juror’s failure to disclose that his uncle had shot his grandfather during a mental health crisis, the motion should be denied because the juror did not dishonestly answer questions during voir dire and was not biased against the defendant.
Jury and jurors – Illness – Discharge
Where a jury found a defendant guilty of two counts of assault and battery by means of a dangerous weapon and one count of operating under the influence of alcohol causing serious bodily injury, the process used to discharge a deliberating juror requires reversal.
Criminal – Juror misconduct
Where a defendant was convicted of possession of a firearm as a prohibited person and possession of a machine gun, the convictions must be vacated because the trial court erred by refusing to investigate the defendant's colorable claim of juror misconduct.
Juror bias claim rejected by SJC
Three defendants convicted of second-degree murder who claimed juror bias have been denied a new trial despite a finding that a juror provided false information during empanelment.
Jury and jurors – Bias
Where three defendants convicted of second-degree filed motions for a new trial, it was not an abuse of discretion to deny those motions despite the fact that a juror knowingly provided an inaccurate answer during voir dire.
Jury and jurors – Waiver
Where a trial judge refused to accept a jury waiver the defendant tendered on the first day of trial, there was no abuse of discretion, as the judge’s decision was based on concerns about (1) the defendant's use of the waiver as a litigation tactic and (2) the proper use of court resources, rather than on its timing alone.
Verdicts & Settlements
- Injury during baby’s adenoidectomy leads to stroke
- Construction worker’s hand caught in cement mixer
- Worker trapped in freezer, dies during steam cleaning
- Pedestrian, 69, hit by motor vehicle while in crosswalk
- Four-vehicle pileup leaves driver with spinal cord injury
- Nursing home staff blamed for kidney-failure death
- Pharmacy’s late delivery blamed for patient’s death
- Man, 25, drowns after swimming lesson at fitness club
Opinion Digests
- Jurisdiction – Forum selection clause – Non-signatory
- Criminal – Responsibility
- Attorneys – Lien
- Landlord and tenant – Default judgment
- Zoning – Constructive grant – Comprehensive permit
- Fraud – False Claims Act – Settlement share
- Civil practice – Discovery – Cybersecurity
