Jesse Gessin publishes article “Bit by Bit: Breaking Down the Ninth Circuit’s Frameworks for Jury Misconduct in the Digital Age”

July 11, 2018  |   Recent Posts   |     |   Comments Off on Jesse Gessin publishes article “Bit by Bit: Breaking Down the Ninth Circuit’s Frameworks for Jury Misconduct in the Digital Age”

Jesse Gessin, partner, recently published an article in the “Nevada Law Journal,” official publication of the University of Nevada Las Vegas William S. Boyd School of Law.

Excerpt from the article, “Bit by Bit: Breaking Down the Ninth Circuit’s Frameworks for Jury Misconduct in the Digital Age”:

Footnotes rarely change decades of jurisprudence. However, through Footnote Six in Godoy v. Spearman the Ninth Circuit subtly penned the first tide that may eventually wash away a jury misconduct precedent that has perplexed state and federal trial courts in the Ninth Circuit for decades. With Godoy, the Ninth Circuit joins two sister circuits, thereby creating the fault line for an emerging circuit split … Understanding the law before Godoy provides a critical backdrop to realizing the significance of Footnote Six. This Article begins with a review of the two types of ex parte misconduct—jury tampering and prosaic misconduct. Part II is a look into the extrinsic evidence framework. The third Part teases out the differences between the ex parte and extrinsic evidence frameworks. The final Part discusses the Godoy framework and aspects of the previous frameworks that are likely to be grafted onto the Godoy framework.

Read this article:

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