Legal Opinion

People v. Davis

Appellate Division of the Supreme Court of the State of New York

Decided May 24, 2011PublishedCited by 15 opinions

1Opinion of the Court

OPINION OF THE COURT

Hall, J.

The principal issue on this appeal, stated narrowly, is whether a jury verdict may be impeached on the ground that the jury failed to apply the trial court’s instructions on the law and, instead, relied on the “expertise” of a juror who was also an attorney, or, put another way, whether the alleged conduct of the lawyer-juror constituted “improper conduct” (see CPL 330.30 [2]). Resolving this issue highlights the difficulty — perhaps fútil*61ity — in drawing meaningful distinctions between jurors’ professional expertise and life experience.

The defendant was charged…

2Cases cited25 opinions

  1. People v. BleakleyNew York Court of Appeals · 1987
  2. People v. ContesNew York Court of Appeals · 1983
  3. People v. DanielsonNew York Court of Appeals · 2007
  4. People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
  5. People v. RomeroNew York Court of Appeals · 2006

20 more not listed; retrieve them via the Exa API.

3Cited by15 opinions

  1. People v. HicksAppellate Division of the Supreme Court of the State of New York · 2011
  2. People v. MarsdenAppellate Division of the Supreme Court of the State of New York · 2015
  3. Russo v. MignolaAppellate Division of the Supreme Court of the State of New York · 2016
  4. People v. SantiagoAppellate Division of the Supreme Court of the State of New York · 2014
  5. People v. MarsdenAppellate Division of the Supreme Court of the State of New York · 2011

10 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API