I finished up 5 days at the court house today after serving on a jury for an automobile accident trial

The case involves the defendant, an 18 y/o man who was the driver of the #1 car in a 3-car pile-up. He was driving a GMC Serria and rear ended a stopped Dodge Caravan propelling it into a stopped Hyundai Element. The Plaintiff is a 30 y/o woman who was the passenger in the front seat of the Element. She is claiming that he is responsible for causing permanent injuries to her and seeking damages for past and future medical costs and pain and suffering. To muddy the waters, the accident happened on 31 Oct. on 21 Feb, she is in another accident where her car is T-boned and totaled. Part of our instructions include separating blame for damages between the 2 accidents.
Prior to the start, the question of fault for the accident has already been agreed to. we are only looking at injury damages.

It was very interesting to go through the process. Seeing the inner workings was really eye opening. To say it is not like TV is an understatement.

The judge seemed to be pretty good. as the week went on I thought he was getting tired of both sets of counsels but he never lost his professionalism when we were in the courtroom.

it was interesting watch the testimony and evaluate the witness testimony. one person flat out lied to us, another probably lied and definitely omitted facts and had to have true detailed pulled out. Newsflash, if the lawyer asks you a question during cross examination, he probably already knows the answer.

We wrapped it up today and spent about an hour in deliberations. while I didn't really want to do it, I am glad that I went through the experience.

I heard a Lawyer say not to ever ask a question that you don't already know the answer . I guess that's not always possible but I get the point .

In any civil case both plaintiff and defense lawyers take depositions, ask questions under oath that is recorded, of all important witnesses. From that process the lawyers learn what questions to ask and know the answer that will assist their side. If a witness gives a different answer in court than they gave in the deposition the witness is "impeached" meaning the jury is shown that the witness either doesn't remember what happened, doesn't know the truth or is lying. An incompetent lawyer is the only one who walks through a minefield asking questions that they don't know the answers.

With what I do I am very surprised I have served as a foreman on a petit jury and also served a four month stint on a grand jury. I really enjoyed the grand jury. We heard close to 20 cases a day. It was funny as I heard one case where I knew the investigators. I made sure to ask if I should recuse myself from the vote and they said not as long as it would not influence me, which of course I wouldn’t allow it. Either they proved the facts or they didn’t.

I was recently called for federal jury service and was grilled about if I could be impartial with what I do and I found it insulting as an investigator, the facts are the only things that matter. I wanted to serve, but didn’t get picked for that one.

So many people don’t want to serve and I can absolutely understand why depending on the person’s situation, but I have found it a good experience doing a civic duty.

And being deposed sure isn’t fun. I have been deposed for lawsuits; not against me, but where I did the investigation. Sitting at a huge table filled with multiple attorneys and a video camera on a tripod a few feet away from your face recording you.

I have a deposition coming up Tuesday for a crash from summer of 2018.

I have no pictures. no diagrams. no bodycams. The freeway has changed drastically (crash occurred during reconstruction phase). Bodycams and pictures were lost due to a hard drive crash but it was well beyond our retention dates anyway. I'm sure if I go digging in storage, I could find the original report with a diagram. All I was able to do was reprint the report from a computer, but I also had to dig out the old report form because things changed on the current report form. The old report form under injury was POSSIBLE. If I printed on the current report form, it formats it under SERIOUS injury.

Anyways, thanks for letting me vent.

I have served on two juries in my life. One was a civil lawsuit against doctors and the other was multiple rape cases brought back because of new DNA evidence.

I already told the attorney that I don't remember anything and that I will just read the crash report to him during the deposition.

5 car crash. #2 driver is filing the lawsuit for injuries.

#5 driver was cited for failing to maintain an assured clear distance ahead.

#1 (car), #2 (car), #3 (SUV), #4 (pickup with empty bed) were all stopped in traffic because of the construction.

#5 (pickup with horse trailer and one horse) could not stop in time and struck #4, pushing #4 into #3 into #2 into #1.

My report says EMS called for everyone and everyone declined transportation and reported no injuries. I could not get anyone to check on the horse.

So anyways, I'm not sure what damages driver of #2 is claiming.

So we'll see if this gets to trial.

quote:

Originally posted by Chowser:
I have a deposition coming up Tuesday for a crash from summer of 2018.

I have no pictures. no diagrams. no bodycams. The freeway has changed drastically (crash occurred during reconstruction phase). Bodycams and pictures were lost due to a hard drive crash but it was well beyond our retention dates anyway. I'm sure if I go digging in storage, I could find the original report with a diagram. All I was able to do was reprint the report from a computer, but I also had to dig out the old report form because things changed on the current report form. The old report form under injury was POSSIBLE. If I printed on the current report form, it formats it under SERIOUS injury.

Anyways, thanks for letting me vent.

I have served on two juries in my life. One was a civil lawsuit against doctors and the other was multiple rape cases brought back because of new DNA evidence.

I already told the attorney that I don't remember anything and that I will just read the crash report to him during the deposition.

5 car crash. #2 driver is filing the lawsuit for injuries.

#5 driver was cited for failing to maintain an assured clear distance ahead.

#1 (car), #2 (car), #3 (SUV), #4 (pickup with empty bed) were all stopped in traffic because of the construction.

#5 (pickup with horse trailer and one horse) could not stop in time and struck #4, pushing #4 into #3 into #2 into #1.

My report says EMS called for everyone and everyone declined transportation and reported no injuries. I could not get anyone to check on the horse.

So anyways, I'm not sure what damages driver of #2 is claiming.

So we'll see if this gets to trial.

Ha. I won’t forget in a trial once a judge got so mad at me. The case was from several years ago and when questioned on exactly what people said, I asked if I could see a copy of my report that was admitted into evidence. They said yes. I then just literally read what I said the person said when I wrote the report. The judge said I did not need to read it word for word and just give a summary. I explained I could not remember that far back and to be factual on the record would be to read word for word from my report. He allowed it, but wasn’t happy. I am not going to guess it during court testimony!

My brother has been out here (different county) since 1988, even with being a property owner and registered voter, and has never gotten a jury summons, nor have I since 2008. I wouldn't mind now that I have time on my hands. There was a trial in nearby Kingsport (Sullivan Co.) recently where the jurors were sequestered.

I've only ever received one jury summons and that was in 1992 when I was deployed to Japan. Obviously couldn't serve then.

While I hear stories about days wasted in jury pools sitting for 8 hours waiting to be selected (and have no desire to experience that), I've always been interested in law and would like the opportunity to serve on a jury.

quote:

Originally posted by egregore:
My brother has been out here (different county) since 1988, even with being a property owner and registered voter, and has never gotten a jury summons, nor have I since 2008. I wouldn't mind now that I have time on my hands. There was a trial in nearby Kingsport (Sullivan Co.) recently where the jurors were sequestered.

Back when I was living in VA I was at a cocktail party. In talking to one of the other guest I found out she was the Clerk of the Circuit Court. I mentioned to her that although I had lived in the County for over 20 years I was registered to vote I had never been called for jury duty. She asked me if I would like to at which time I said yes.

Two months later I get a summons to appear for grand jury duty…

I used to want to get picked for juries, then I got picked for a few and saw the process. Now I do not care to do it.

The first one I was ever on was a woman being charged for assaulting the police. We let her off and the assistant DA spoke with us after the trial was over and we were released and admitted the police wanted “to teach her a lesson” by charging her with assault (in reality she just pulled away from them while in handcuffs).

I was recently on a jury where an illegal alien killed a wife, broke the legs of her husband and broke the back of their grandchild driving drunk.
I fought with the stupid people on the jury to give him the max - 20 years. I think life should be ann option for taking the life of another person but that is another story. Ended up only getting 12, bunch of stupid people on the jury. One responding police officer who testified put on a not so stellar acting performance in the stand, fake crying. Even the judge admitted to us after the trial was over that it was not a very good act. The drunk aliens sister came from Mexico to testify on his behalf, on how he just wanted to bring his daughter and wife from Mexico. The judge told us after he had already been caught in Louisiana passed out drunk, in his car in the middle of the road. Of course they were not allowed to share tha with us during the trial.

Our court system sucks and I really do not care to be on a jury again. Chances are the older I get the more I will get picked.

I did get a notice for federal jury, I wanted to get on that but never got called.

quote:

Originally posted by mrvmax:
I did get a notice for federal jury, I wanted to get on that but never got called.

Don't get too excited... If called for a federal jury trial, you're more likely to get a boring business dispute lawsuit between two companies based in different states than you are some spicy suit against the government or an exciting high-level criminal trial.

They had depositions for all the witnesses and would refer to them, usually during cross. The plaintiffs lawyer got bit in the ass by it when he was pushing a defense witness about an answer that he wanted just a yes to. The witness said yes, but and the lawyer didn’t want the but part. The lawyer read his deposition pg number, lines 24, 25, and 26. Which ended with the yes answer asking him repeatedly if he read that correctly. The witness, a Dr, pulled out his copy, and pointed out that the lawyer did not read his entire answer and read off lines 27, 28, and 29 which said just he had testified. The same witness pointed out a few more times where the lawyer was taking his answers out of context and twisting the meanings. It actually hurt the credibility of the plaintiffs claims in our opinions.

I've been summoned 3 or 4 times & picked once.
Evading arrest & reckless driving with a deadly weapon component [speeds well over 100mph on a couple highways in N Houston].
Verdict was a quick deliberation on our part, then we didn't get to sentencing, seems they reached an agreement after the verdict & we were released.

Prosecutor did a much better job than the defense, IMO.

Favorite court exchanges with lawyers:
Defense Attorney: "Is it a fact that you failed to inform my client of his Constitutional Rights after his arrest"?
Me: "I did not read him his rights because I did not ask him any questions".
Attorney: "No further questions for this officer".
Plaintiffs Attorney: "Officer, take a look at this aerial photograph of the intersection. Do you recognize it"?
Me: "I dont recognize it because I have never seen it from the air before".
Attorney: "Nothing further for this witness".
Defense Attorney: "What led you to believe that Mr XXXX was intoxicated"?
Me: "He pedaled a bicycle into the rear end of my patrol car while I was stopped at a traffic signal. Something usually not done by a sober person".
Attorney: Thank you for the clarification".
I always enjoyed court because I never went in unprepared!

My wife got called for jury duty in a murder trial.
While picking the jury the defense asked if any potential jurors were members of the NRA. My wife raised her hand and was dismissed.

I got picked for an attempted murder trial . The morning of the trial they put us in a Jury Room and told us to chill out . At lunch time they brought food . About 2:30 they brought us back into the Court Room . " Ladies and gentlemen . Thank you for your service . You are excused ." The Attorneys had been negotiating a plea deal all day.

I only made it to jury selection once and was dismissed after I indicated I had lived in the same town as the defendant and also had been involved in law enforcement or security as a career. It’s so interesting how they pick and chose a jury based on how favorable they would be toward a defendant based on little bits of information.

Have any of you ever watched the TV series Bull? It really goes into this whole concept.

The last time I was on a jury it was a personal injury case.

The lawyer was winning the case and asked one question to many.

The last question to brought out that they had already collected once and the trial was a second bite at the apple.

They lost.

The Judge came back and talked to us.

It we had given the plaintiff anything the lawyer would have been entitled to legal fees. That was why the attorney was looking to get his client anything at the trial.

Sat on a jury for the feds about a decade ago. It was fun. I'd definitely do it again though my current employment probably means I'd get bounced.

Direct examination is about the witness. Cross examination is about the attorney.

Almost 2 years into my retirement career of State Circuit Court Bailiff with around 30 Jury Trials completed (half criminal and half civil). Jurors almost always get it right. In a murder case after reaching a guilty verdict, the jury Foreman asked me did they get it right. I then got to tell the jury the rest of the story, as this was the defendants third murder by the time he reached 18 years of age, and this didn’t count all the armed robberies he did. Due to the law and court procedures, there is a lot of information that the jurors don’t get to see until after the trial is over.

After every jury trial is over, I recommend to my jurors that they watch the old 1950s 12 Angry Men movie, to help understand what they went through in the jury deliberation room.