CURTIS B. SIMPSON v. FORREST NIEMI

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting prosecutor’s lack of reference to improperly admitted evidence in closing argument, in finding that error did not warrant new trial
• judge is best able to observe juror’s demeanor, and “[w]e will not disturb this assessment on appeal”
• “[T]he experienced judge was in a superior position to observe and assess the juror’s demeanor on voir dire. We will not disturb this assessment on appeal”
• juror’s request to be discharged on first day of deliberations made it unlikely that her emotional difficulties in addressing case were due to stress from being hold-out juror, or because jury was at impasse
• affidavit must be signed under the pains and penalties of perjury
• no abuse of discretion by judge in refusing to conduct voir dire where concern based on “nothing more than speculation by one juror about another juror’s thought process” that “did not amount to a ‘serious question of possible prejudice’ ”

Source: CourtListener parenthetical corpus (CC0).