Did MSM report specifically on the jury instructions J. Gull gave at trial? Any links?
From the state's jury instructions:
"29. (b) The court shall NOT permit the jury to SEPARATE during deliberation CRIMINAL cases UNLESS all PARTIES CONSENT to the separation and the INSTRUCTIONS found in section "a" of this rule are given."
[ ^ w my CAPS ]
IIUC, seems judge may allow separation of criminal case jurors, IF parties consent, and IF 29.(a) instructions are also given to jury.
See below re 29 (a) usually only for CIVIL cases.
W'out hearing the podcast referred to here, IDK specifically how that juror described the sub-groups functioning. May or may not have violated jury instructions.
I sure hope not.
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Tedious Detail. St. of IN. Jury Instructions
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"Rule 20 - Preliminary Instructions"
"(8) that jurors, including alternates, are permitted to discuss the evidence among themselves in the jury room DURING RECESSES from trial when ALL are present, as long as they reserve judgment about the outcome of the case until deliberations commence. The court shall admonish jurors not to discuss the case with anyone other than fellow jurors during the trial." [ < my CAPS ]
(b) Judge to give instructions in writing to each juror.
Read Rule 20 - Preliminary Instructions, Ind. Ju. R. 20, see flags on bad law, and search Casetext’s comprehensive legal database
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"Rule 26 - FINAL INSTRUCTIONS"
(a)(3) Judge to give instructions in writing to each juror.
Read Rule 26 - FINAL INSTRUCTIONS, Ind. Ju. R. 26, see flags on bad law, and search Casetext’s comprehensive legal database
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"Rule 29 - Separation during Deliberation"
"(a) The court, in its discretion may permit the jury in CIVIL cases to separate during deliberations. However, before the jurors are permitted to separate, the court shall instruct them that while they are separated, they shall:
"(1) not discuss the case among themselves or with anyone else;
"(2) not talk to the attorneys, parties, or witnesses;
"(3) not express any opinion about the case; and
"(4) not listen to or read any outside or media accounts of the trial."
[ ^ my CAPS ]
"(b) The court shall NOT permit the jury to SEPARATE during deliberation CRIMINAL cases UNLESS all PARTIES CONSENT to the separation and the INSTRUCTIONS found in section "a" of this rule are given." [ < my CAPS ]
Read Rule 29 - Separation during Deliberation, Ind. Ju. R. 29, see flags on bad law, and search Casetext’s comprehensive legal database
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