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Litigation

Dec. 16, 2011

California’s effort to protect the jury process from ubiquitous social media

California's approach to online juror misconduct is insufficient, leaving judges and practitioners to fill in the gaps. By Michael D. Kibler and Sarah Luppen of Simpson Thacher & Bartlett LLP


By Michael D. Kibler and Sarah Luppen


On Dec. 8, an Arkansas juror's Twitter postings during sentencing and deliberation in a capital murder case caused the Arkansas Supreme Court to reverse a murder conviction and death sentence and remand the case for a new trial. Prior to opening statements, the trial judge had explicitly instructed jurors not to "Twitter anybody about this case." The juror's actions in spite of the instruction highlight soci...

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