Picking a jury is never easy. It is even harder when one potential juror does not know what she believes until her pastor tells her. A woman was picked for the jury in a murder trial. There would have been extensive questioning prior to the jury being finalized. For a murder trial, I would expect
Jurors Take Home Evidence
Crazy things happen in trials. One recent jury in Bexar County apparently took some evidence home. One of the jurors pocketed a picture of a boy in the hospital – who was the subject of an abuse trial. See San Antonio Express News report. A couple of the jurors took pictures home – perhaps…
Fifth Circuit Overturns Summary Judgment
The Fifth Circuit overturned summary judgment for the employer in Schroeder v. Greater New Orleans Federal Credit Union, No. 10-31169 (5th Cir. 12/19/11). The employee was fired after she complained about violations of law and regulation at a credit union. Mary Schroeder filed suit based on 12 U.S.C. §1790b and La.Rev.Stat.Ann. § 23:967(A). Sec. 1790…
The Vanishing Plaintiff
Legal scholars are becoming more aware that actual trials in federal courts have decreased dramatically since the 1960’s. Suja Thomas discussed this trend in a recent speech at Seattle University to mark the 25th anniversary of the summary judgment trilogy. See Workplace Prof report. Prof. Thomas mentions a couple of developments leading to this…
Federal Jury Returns Verdict of $3.2 Million
A federal jury in Houston has returned a verdict against a former County Judge of $3.2 million. James Blackstock, a former Brazoria County Court-at-Law Judge and former head of the Juvenile Probation Board was sued for sexual harassment by three female employees of the Juvenile Probation department. The jury found the judge had created a…
Discriminatory Remarks Depend Upon the Listener
A similar question arises in all my employment cases. In a recent case, the defense lawyer was deposing a witness who supported my client. He asked why she thought the manager’s remark was discriminatory. Upon hearing that swine flu was predominant in the Rio Grande Valley, the
manager had remarked, "Well, what do you expect…
San Antonio Juror Facing Jail Time
Judges always tell jurors not to do their own legal research during a trial. A jury is supposed to use the legal terms provided by the court. Our judicial system relies on legal standards that are known to both sides, defense and prosecution. The two sides to any trial will devote considerable time and energy…
Juror Removed for Posting Jury Result…. Before the Trial was Over
Trial lawyers treat jurors with kid gloves. We are extra polite, extra respectful in regard to those citizens who perform their civic duty without complaint. The pay is low, yet their service is invaluable. But, what do you say when a juror violates one of the basic requirements of jury duty? A trial is a…
Texas Supreme Court is at It Again
Well, the Texas Supreme Court is again dismantling victim’s remedies. But, this time, they are working against small ranchers. In Bennett and Bonham Corp. v. Reynolds, the court took away another jury verdict. This time it was a cattle theft case. The jury awarded $5,327 in actual losses and $1.25 million in punitive damages.
State District Judge Serves on Jury
A state district judge was selected for a jury in Dallas County. Judge Carlos Cortez was shocked that he was not stricken by one side or the other. But, he says he enjoyed the experience. He declined to serve as jury foreman, because he wanted to watch the process. He eventually became the lone dissent…