Friday, September 17, 2010
Use of Smartphone Not so Smart for This Juror
Posted by Jeff Campbell in "Apple Software (iPhone/iPod Touch/iPad)" @ 04:00 AM
"A jury foreman in a manslaughter murder case in Florida has caused a mistrial with his iPhone. How? He looked up the word "prudence" during deliberations. On Encarta."
According to the Court of Appeals, after the appellant was convicted, a juror contacted defense counsel and claimed that during a break from jury deliberations, the jury foreperson used a smartphone, specifically an iPhone, to look up the definition of "prudence." The court granted a motion to interview jurors and determined, after an evidentiary hearing, that there was juror misconduct based on the fact that the jury foreperson utilized his smartphone to search an internet site, Encarta, for the definition of "prudent" or "prudence." The foreperson shared this definition with other jurors during deliberations.
So now a new trial in the shooting of the dog will be necessary. No word yet on a trial for the usage of Encarta on an iPhone.