A convicted murderer is moving for a new trial, alleging jury misconduct that tainted the verdict. Specifically, he claims, two jurors had sex with each other while sequestered. And that's not all -- the deputies who were supposed to be keeping watch were having sex too (hopefully not -- or hopefully so! -- in the same room!).
Orin Kerr says (and I agree) that unless the jurors talked about the case during their romps, this probably isn't grounds for a new trial. One would hope there were other things on their minds at the time.
Tuesday, December 23, 2008
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