2011.05.16 Sidebar Thread (Juror Selection Day Seven)

Status
Not open for further replies.
I took notes on the current "perry plan" before court let out and wanted to share them:

(mind you these are my notes)

tomorrow there are 3-4 more potential jurors scheduled for voir dire. The 17 will also be there at the courthouse. At this time HHJP will allow the SA and the DT to exercise their right to challenges. He cannot force them to use them. The first 12 seated of the remaining body will be seated and sworn and the court deputy is ready to go to swear them. the remainder will be seated and sworn as alternates. He will at that time make a decision if there are any more alternates and he reminds them that they get only one shot at challenging an alternate.. there are no back strikes on alternates. HHJP wanted 8 alternates but "we will have what we will have"

Yepper Ms nurse...It appears JP is going to try to add to this group with bringing in 4 more..which indicates to me he is going to start swearing jurors after lunchy time...and as they back strike bring in another of the already passed 2nd rounders (sorry for the venacular)...and then move on to more 2nd rounder inquisitory stage in more...JP means business,,,It may go into Wed. and from gossip I think he wants to give sworn jurors one day to get organized then "Opening" statements will start>>> I do see a light at the end of the tunnel..dont you?...

BTW I can only see a couple of obvious backstrikes at this point..so just maybe we will get started by the end of this week!!! Yeah:great:
 
Thanks - I could be entirely mistaken - a very grueling few days...

No you're right. I had to look it up, because I wasn't quite sure what back-striking was all about, but found an example:

Defense Counsel, in a criminal case, used all of his peremptory strikes, and then accepted the jury and an alternate. Before the jury was sworn, Counsel attempted to withdraw a strike previously used against a juror, and then backstrike another juror. The trial judge refused to permit this kind of “backstriking.”

Kinda like whoops - I wants this juror after all, and not this one.

I agree - Your Honour isn't gonna go for any of that nonsense!

The rule against back-striking is held in In Davis v. State, 922 So. 2d 454 (Fla 4th DCA 2006).

Wow - I'm feeling all lawyer like like ICA.

LOL

Mel
 
Did I just hear JVM say GA and CA will be talking to her tonight? About lawsuit?
 
The judge ruled she is on so neither side can strike. She is the first juror.

Can he do that? Both sides still have strikes, so I would assume they could boot her. I thought that was the law?

It's been a long day though, so anything is possible.

Mel
 
I sure hope AF dosen't get anyone else sick cuz I don't want the trial delayed.

I think it's too late. She would have passed it on before she came down with it sooooooo, tissues and cold medicine for everyone.
 
OMG imagine.... to start the whole process over again....

But you have to think long and hard about this. If both sides use all their strikes, then they will HAVE to accept any juror that walks through those doors. They don't get a do-over. I can't imagine the SA or the DT would ever want to do that.

What if we get that poor young nervous boy? or 12 people against the DP. We'd be in a world of hurt! All this questioning is for not and I assume we'll keep at least 50%.

MOO

Mel
 
Yepper Ms nurse...It appears JP is going to try to add to this group with bringing in 4 more..which indicates to me he is going to start swearing jurors after lunchy time...and as they back strike bring in another of the already passed 2nd rounders (sorry for the venacular)...and then move on to more 2nd rounder inquisitory stage in more...JP means business,,,It may go into Wed. and from gossip I think he wants to give sworn jurors one day to get organized then "Opening" statements will start>>> I do see a light at the end of the tunnel..dont you?...

BTW I can only see a couple of obvious backstrikes at this point..so just maybe we will get started by the end of this week!!! Yeah:great:
How many prospective jurors did they get to today?
 
after hhjp talked about the shifting of seats as each juror is struck it got me to thinking so just entertain for a moment:

1340: first guy up that took forever (7 y/o daughter)
1232: newspaper guy
1129: single guy two objections were denied
1398: crisis counselor
1312: anesthesia nurse
1019: computer guy with nurse wife
1055: nursing student with the rat terrier
1319: older AA lady had a challenge by state that was denied
1251: retired teacher that sounds like edie falco
1429: long grey haired lady that had a dui
1407: 22 y/o mechanic, aethiest guy defense objection denied
1119: truck driver with 2 teen girls
1025: chef with 2 young kids
1007: giggly lady defense challenge denied
1426: young single hispanic PCT who has a July cruise
1159: VA guy with 5 years in the army has young son
3397: stocktrader guy with bad back defense objection for cause denied

so if those who were objected to on cause are struck (I did not include AA woman because I personally think the DT may want her and not use a strike on her) we will have THIS unless there are other strikes:

1340: first guy up that took forever (7 y/o daughter)
1232: newspaper guy
1398: crisis counselor
1312: anesthesia nurse
1019: computer guy with nurse wife
1055: nursing student with the rat terrier
1319: older AA lady had a challenge by state that was denied
1251: retired teacher that sounds like edie falco
1429: long grey haired lady that had a dui
1119: truck driver with 2 teen girls
1025: chef with 2 young kids
1426: young single hispanic PCT who has a July cruise
1159: VA guy with 5 years in the army has young son

(blue one above being the only so far alternate including whomever they have no challenges on of the three or four tomorrow)

That being said if (big if) those three to four all get through and there were no other strikes we would have 12 plus 4-5 alternates

I personally think hhjp will have to bring in more in the afternoon to seat more alternates and possibly a handful of jurors for the main body

moo
 
HLN just showed clips of kc talking to JB sometime today . . . I missed that! Anyone else remember when that happened? They were standing up to take a break or leave for the day (I think).

Yes, I saw it. It was this afternoon, I just don't remember when exactly. I remember, because it's the first time I've seen her talk to him lately, and not throw a fit!
 
The judge ruled she is on so neither side can strike. She is the first juror.

My understanding is the prosecution cannot strike her. They have used their "strike" or peremptory challenge and it was denied.

The defense can still strike her but I would be shocked if they did.
 
So all these folks who received jury duty notices- what 2 weeks ago- still have to make themselves available? That's insane.
 
Can he do that? Both sides still have strikes, so I would assume they could boot her. I thought that was the law?

It's been a long day though, so anything is possible.

Mel

The state already tried using their preemptive strike against her, and it was denied by the judge because the defense claimed it was because of 'race' that they wanted to strike.
So at this time the state CANNOT strike her off the panel. The defense could I suppose, but they won't. So she is in. [ UNLESS new 'evidence' comes in like she was tweeting or something since then.]
 
How many prospective jurors did they get to today?

17 total..plus whatever they accept during morning voir dire....then they get into striking after lunch....I only know their are a few defense dosent want and a few the state doesnt want....so we will see tomorrow...:innocent:
 
The state already tried using their preemptive strike against her, and it was denied by the judge because the defense claimed it was because of 'race' that they wanted to strike.
So at this time the state CANNOT strike her off the panel. The defense could I suppose, but they won't. So she is in. [ UNLESS new 'evidence' comes in like she was tweeting or something since then.]

She may have a problem that gets her excused later. Just sayin' -- she's my bet for an alternate replacement if we are playing that. ;)
 
So all these folks who received jury duty notices- what 2 weeks ago- still have to make themselves available? That's insane.
yes! there are at least iirc 20 some left that have not been questioned (however it seems they are not sitting all day... they are called in small clusters of 3-4 for either morning or afternoon session now)

although that being said the questioning seems to have been somewhat shortened by both sides... keeping each one around an hour (first one was like four hours!!!!)

I am soooo curious to see how many they strike after all this hard work. I hope both sides think long and hard and are not too over zealous...
 
Boy do I wish we had a witness list -- in order. I assume after opening, the state will start with the parents. Oh joy! MOO

Mel

Cops. My guess is they start with the cops. Mellich is gonna be great. It'll be the cop that responded to Cindy's call--perhaps.
 
Can he do that? Both sides still have strikes, so I would assume they could boot her. I thought that was the law?

It's been a long day though, so anything is possible.

Mel

Yes he can. He's the judge and he made the decision that she was to stay because of the way the State objected. It's final, she stays.
 
She may have a problem that gets her excused later. Just sayin' -- she's my bet for an alternate replacement if we are playing that. ;)

she is currently in the 8th seat.....
 
There are two types of ways a juror can wind up not being on a jury. He or she can either be struck for Cause, or be struck by a Peremptory Strike.

A Peremptory Strike is one that can be used for virtually any reason at all. One of the lawyers may not like a potential juror’s level of enthusiasm. They may not like the potential juror’s hair, eye contact, fashion sense, etc. As long as a Peremptory Strike is not based on race, religion, or gender, etc., the striking attorney can use it however they see fit.

In a Felony jury trial, each side gets 10 peremptory strikes a piece.
 
Status
Not open for further replies.

Members online

Online statistics

Members online
79
Guests online
2,415
Total visitors
2,494

Forum statistics

Threads
590,013
Messages
17,928,987
Members
228,038
Latest member
shmoozie
Back
Top