The general rule is that errors made by jurors when they are responding to voir dire questions are not grounds for overturning a conviction where the jurors errors in answering are honest and/or mistaken. The Constitution guarantees both criminal and civil litigants a right to an impartial jury and voir dire questioning is an essential […]

Criminal defendants are entitled to due process. One crucial component of due process is that a criminally accused be given a trial “by an impartial jury.” In this regard, the United States Supreme Court has held that the impartiality of a jury is compromised by “any private communication, contact, or tampering directly or indirectly, with […]

When law enforcement officials seize property — like a vehicle, a briefcase or a laptop computer — as part of a criminal investigation, law enforcement is required to obtain a warrant from a judge for a subsequent search of the contents. If there is probable cause, the police are allowed to temporarily seize the property […]

When appellate courts resolve post-conviction appeals, if the appeal is successful, the appellate court will complete their ruling by ordering that the case be “remanded for further proceedings.” Sometimes a phrase is added requiring that the further proceedings be “consistent with this opinion.” So, what does “remand for further proceedings” mean? “Remand” is a judicial […]

A “suppression hearing” is a proceeding conducted before a criminal trial judge that involves a motion to suppress or exclude evidence from being used at trial. Almost always, suppression hearings are conducted before the criminal trial begins. In federal criminal proceedings, Rule 41(h) of the Federal Rules of Criminal Procedure governs motions of this sort. […]