Re:Samsung claims Apple patent verdict tainted by jury foreman
by debacle on Wednesday October 03, 2012 @11:16AM
(#4607820)
It's not hard to prove the jury tampered with itself if you have multiple accounts of jurors saying that the foreman tampered with the jury. I can't imagine any judge not being furious at the conduct of the foreman in this case.
[ Parent
| on HN ]
Re:Samsung claims Apple patent verdict tainted by jury foreman
by ChuckMcM on Wednesday October 03, 2012 @12:26PM
(#4608222)
On the contrary, it is quite difficult, the jury is expected to deliberate. If you look at how Samsung's lawyers have made their argument, they focus on how things "outside" the trial made it into the the jury deliberation room. This is a common theme in successful tampering arguments, that it is an external influence that is extra-judicial which has tainted the jury deliberation.
So the argument Samsung makes is that the Jury foreman manipulated the process with intent and premeditation and that tainted the process. They are trying to show that by showing that the foreman had a grudge (motive), and made an opportunity (perjured themselves during the voir dire) so he brought this extra-judicial plan into the courtroom and sprang it on an unsuspecting defendant (Samsung). Just being incompetent in following the judges instructions does not rise to the level of tampering or jury misconduct.
I find it amazing this guy (the foreman) talks to the press, clearly he loves the limelight, but man he isn't doing himself any favors.