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Bob Kelly's Jury Blogs-jury concealment-fyi

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  • Jurydoctor@aol.com
    How does this sound? thinking of sending to all my clients for those who are interested in checking out venires (Sue, Rick, Gladys, Ted, Vickie, etc) Any
    Message 1 of 4 , Sep 25, 2008
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      How does this sound? thinking of sending to all my clients for those who
      are interested in checking out venires (Sue, Rick, Gladys, Ted, Vickie, etc)

      Any suggestions on this email?
      Amy

      _Click here: The Florida Jury Selection Blog - Voir Dire - Jury Selection_
      (http://www.juryblog.com/)





      Bob Kelly posted some very interesting articles in reference to juror
      concealment:


      We, (Trial Consultants, Inc with the help of various PI firms across the
      country), offers venue juror profiling and intelligence services. We use
      several firms because:
      1. We need the information fast
      2. We need special PI firms who can do more then just google members of the
      venire.
      3. We want an indepth review of potential jurors, not just demographics

      A client of mine recently asked "what do we do with the info garnered from
      My Space and other social networking sites"?

      That is where Trial Consultants, Inc. offers invaluable psychological
      analysis of the intelligence gathered!!

      Email me at _jurydoctor@..._ (mailto:jurydoctor@...) to discuss.

      Amy


      (http://www.juryblog.com/mmp-defense-verdict-thrown-out-due-to-juror-concealment-2/)

      MMP Defense Verdict Thrown Out Due To Juror Concealment

      (http://www.juryblog.com/wp-content/uploads/2007/10/dr-sohail-delfani.jpg) A
      defense verdict in a medical malpractice case was set aside due to a juror's
      failure to disclose nine prior civil lawsuits and a criminal case in
      response to a written jury questionnaire. Dr. Sohail Delfani, shown smiling in this
      picture, is probably not very happy with his lawyers who apparently failed to
      do a proper background check on the venire panel during jury selection in
      his case. It would be really hard to miss NINE prior civil cases. Or - consider
      this -maybe the lawyers DID perform a background check on the juror and
      maybe they made a tactical decision to keep this information about the juror's
      prior lawsuits to themselves to use in a motion for new trial in the event
      their client suffered an adverse verdict. Risky move, but there are rumors flying
      around these days that some law firms are employing these questionable
      tactics. We'll never know. But if I were Dr. Delfani, I sure would want to know!
      One thing the readers of this blog do know though, is that in 2007 it is now
      imperative that trial lawyers have their staff or investigators perform
      background checks on jurors during voir dire. There is a wealth of information
      readily available on the internet these days. It has been over five years since
      the Supreme Court of Florida approved performing background checks on jurors
      in Florida trials in the case of _Roberts v. Tejada_
      (http://www.juryblog.com/wp-content/uploads/2007/03/Roberts%20v.%20Tejada.pdf) , 814 So.2d 334 (Fla
      2002), and yet verdict after verdict is reversed on appeal or post-trial as a
      result of juror nondisclosure. In this case, it was some considerably
      outrageous concealment.
      The 3rd DCA opinion itself is pretty unremarkable. There was no way the
      verdict could stand. The jury's FOREMAN denied in his own handwriting on his
      written questionnaire that he had ever been involved in any other lawsuits or
      claims, even though apparently he had been involved in nine civil cases and a
      criminal one. See, _Delfani v. Cromer_
      (http://www.juryblog.com/wp-content/uploads/2007/10/delfani-v-cromer.pdf) , 32 FLW D2482 (Fla 3rd DCA - Oct 17, 2007).
      ____________________________




      Posts filed under 'Juror Concealment'
      (http://www.juryblog.com/prudent-probing-during-jury-selection/)

      "Prudent Probing" During Jury Selection



      (http://www.juryblog.com/wp-content/uploads/2008/02/fifth-district-court-of-appeal.jpg) A $900,000 plaintiff's verdict in a rear-end collision case was
      reinstated last Friday by the Fifth District Court of Appeal even though two
      jurors had failed to disclose in voir dire that they had been injured and
      received medical treatment as a result of prior car accidents. During jury
      selection, plaintiff's counsel asked THREE times whether anyone had been injured in
      a car accident, and specifically asked the entire panel "Have any of you
      ever been injured in any way, whether it be in a car accident, a collision, or
      a slip and fall?" Defense counsel's voir dire was "very brief" and "did not
      mention the subject of prior accidents and injuries." _McCauslin v. O'Connor_
      (http://www.juryblog.com/wp-content/uploads/2008/02/connor.pdf) , 33 FLW D448b
      (Fla 5th DCA 2008).
      Post-trial investigation by defense counsel revealed that two of the jurors
      had failed to disclose prior car accidents where they had been injured and
      received medical treatment. One of the jurors had even retained a lawyer and
      filed a claim just five years before the subject trial. Although there are
      other issues in the opinion, the appellate court suggested that because this was
      not a "highly participatory panel" and because plaintiff's counsel's
      questions were "broad," that "prudent probing" by defense counsel "might well have
      resolved the problem entirely." In other words, defense counsel should have
      reasked questions about prior accidents and injuries if that was an area of
      concern, and not relied on the panel's responses (or lack of responses) to the
      questions posed by plaintiff's counsel.
      This is a troublesome case because it suggests trial counsel can't rely on
      the juror's responses to the questions of opposing counsel (and presumably
      the court), and that if an issue is of concern to you in your case, that you
      had better forego a "brief" voir dire and reask the questions that are of
      concern to you, even if those questions and areas have already been explored by
      others. Failure to do so could result in an appellate court concluding that you
      did not use "due diligence" in your voir dire.







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    • Glad4JC@aol.com
      Sounds good to me! Gladys Brierley ACCURATE INVESTIGATIONS PO Box 872 Newton, MS 39345 601-683-2094 bus & fax 601-480-3181 cell Bus Lic # 1499 Duns# 8082376
      Message 2 of 4 , Sep 26, 2008
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        Sounds good to me!

        Gladys Brierley
        ACCURATE INVESTIGATIONS
        PO Box 872
        Newton, MS 39345
        601-683-2094 bus & fax
        601-480-3181 cell
        Bus Lic # 1499
        Duns# 8082376
        _www.accurateinvestigation.com_ (http://www.accurateinvestigation.com/)
        Member of NAIS, NLLI, ACI, MPIA, APIA
        Regional Director NLLI
        Public Relations Officer MPIA



        [Non-text portions of this message have been removed]
      • Glad4JC@aol.com
        A good example of why this is important. I am presently working on a criminal defense case where my client was convicted wrongfully we all suspect he is
        Message 3 of 4 , Sep 26, 2008
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          A good example of why this is important. I am presently working on a
          criminal defense case where my client was convicted wrongfully we all suspect he is
          innocent. Two of the jurors at least knew my client and or had a knowledge
          of people in his family and also one at least of the two had a felony
          background which obviously was not revealed until the sentencing. When the inept
          defense attorney finally tried to subpoena this juror he was supposedly no
          where to be found by the deputy doing the process. Evidently he is a known drug
          dealer in this county where both he and the defendant lived. Had there been
          more constructive investigations into potential jurors this would have been
          found out.

          Gladys Brierley
          ACCURATE INVESTIGATIONS
          PO Box 872
          Newton, MS 39345
          601-683-2094 bus & fax
          601-480-3181 cell
          Bus Lic # 1499
          Duns# 8082376
          _www.accurateinvestigation.com_ (http://www.accurateinvestigation.com/)
          Member of NAIS, NLLI, ACI, MPIA, APIA
          Regional Director NLLI
          Public Relations Officer MPIA



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        • suesarkis@aol.com
          Amy - Sounds pretty good. However, here in Los Angeles there is sometimes a problem because jury panels are usually sworn in within the confines of one day.
          Message 4 of 4 , Sep 26, 2008
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            Amy -

            Sounds pretty good.

            However, here in Los Angeles there is sometimes a problem because jury
            panels are usually sworn in within the confines of one day. No time to do
            background.

            Sue



            **************Looking for simple solutions to your real-life financial
            challenges? Check out WalletPop for the latest news and information, tips and
            calculators. (http://www.walletpop.com/?NCID=emlcntuswall00000001)


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