Calif. Supreme Court to Weigh Oversight in Juror Polling
February 27, 2009
When San Diego County Superior Court Judge John Einhorn polled jurors for their votes in a wrongful-death case in 2006, he forgot to get one man’s answer on two of 13 questions.
That might not seem like a big deal, but it was, leading to a California Supreme Court oral argument Tuesday to decide whether the judge’s error — which wasn’t noticed by counsel on either side at the time — requires a new trial.
Plaintiffs lawyers, who oppose a new trial, including appellate counsel Paul Fogel, argue in court papers that a defense victory in the high court could lead to unwarranted reversals in future cases.
“Less-than-scrupulous litigants or their counsel (a label we do not attach to defense counsel or defendants here) who find themselves on the short end of a verdict,” Fogel, a partner in Reed Smith’s San Francisco office, wrote, “may silently count votes during polling and, if polling is incomplete, may remain silent, guaranteeing a new trial or a reversal on appeal.”
Read Article: Law.com
Posted By: Phoenix DUI Attorney
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