Can you give me examples of what e-discovery principles would you use for these 2 current events.

Court can't compel examination of juror's electronic devices to look for misconduct, 6th Circuit rules

BY DEBRA CASSENS WEISS

SEPTEMBER 27, 2022

A federal appeals court has ruled that a district court has no power to order an examination of a juror's electronic devices to determine whether an outside influence affected the verdict.

The 6th U.S. Circuit Court of Appeals at Cincinnati ruled Sept. 23 in an appeal by Alexander "P.G." Sittenfeld, a former Cincinnati City Council member who was convicted of bribery and attempted extortion under color of official right. Sittenfeld had sought a forensic examination of the electronic devices of "Juror X" after learning that she had discussed another juror in a Facebook post, and that commenters on her Facebook posts had mentioned the trial.

Juror X's posts could be viewed only by her Facebook friends, one of whom was a court employee who told the trial judge about the posts. Juror X didn't include facts about the case, didn't name the defendant and didn't discuss the proceedings.

But Juror X wrote that another juror "shouldn't be on the jury because [she] hates anyone that shares the same profession as our person on trial. Not cool!!!"

One commenter identified Sittenfeld by name, spurring Juror X to hide the comment. Another linked to an article about the case published before trial. And another commenter posted their thoughts on jury nullification and jurors' right to return a not guilty verdict if the law is unfair.

The judge ordered Juror X and the other juror she criticized, referred to as "Juror Y" in the opinion, to appear in chambers for questioning.

Courts have such Remmer hearings when a defendant alleges that outside information or contact had a negative influence on the jury. The name is based on Remmer v. United States, a 1954 U.S. Supreme Court decision on the issue.

During questioning by Sittenfeld's lawyer, Juror X said she didn't click the link to the newspaper article and did not read news about the case. She gave Sittenfeld's lawyer her cellphone, so he could read all the posts and comments. She also said she did not engage in private messaging about the case with anyone, including other jurors.

In her testimony, Juror Y "repeatedly and emphatically" denied hating politicians and said she had no bias against the defendant.

Rape victim was jailed to ensure court appearance in rapist's trial

BY DEBRA CASSENS WEISS

SEPTEMBER 26, 2022

An Oregon woman was held in jail for nine days this month to ensure that she would appear to testify against the man she accused of raping her over a seven-month period when she was 18 years old.

The woman, now 20 years old, was held as a material witness, the Medford Mail Tribune reports in a story cited by the Associated Press and NBC News. A judge set bail for her at $500,000, but that amount was "unattainable," her lawyer, Donald Scales, told NBC News.

The man she testified against, 30-year-old Christian Sanchez, was convicted of rape and other related crimes Sept. 16, according to a press release, available here, by the Jackson County, Oregon, district attorney's office.

Scales told NBC News that the accuser had missed check-ins with victims' services, and her relatives were concerned that she wouldn't appear at trial. Scales had requested less restrictive measures to ensure the woman's appearance, such as an ankle monitor, but the court thought that was insufficient, he said.

One of the prosecutors in the case, Deputy District Attorney Zori Cook, had said the accuser struggled with addiction and sometimes lived on the streets, making it necessary to hold her as a material witness.

Sanchez was found guilty of rape in the first degree, sodomy in the first degree, kidnapping in the first degree, assault in the second degree, coercion, unlawful use of a weapon, causing another person to ingest a controlled substance, and assault in the first degree constituting domestic violence.

Court filings cited by the Medford Mail Tribune alleged that Sanchez used weapons that included a hammer, a lighter and a screwdriver.