Memphis Injury Lawyer Blog

If you are injured in a car wreck; have a contract dispute that winds up in court; or are an accused in a criminal case, a Memphis or Tennessee trial lawyer could not only represent you, but could also be a member of your jury. That is, if the trial lawyer doesn't have a bad case of body odor or if perhaps he or she may have already formed an opinion on the case. In a recent Massachusetts appellate court ruling, the trial judge was upheld for removing a juror because she had a case of felony body odor:

"There was a juror seated in seat No. 10, juror 6-5, . . . who I'd made inquiry of earlier. And I just want the record to reflect, I guess, to be blunt, [the juror], for whatever reason, had some very bad, I guess to be blunt again, body odor, which was extremely strong, and I was able to detect in my lobby, as was the clerk, which is a personal matter for that potential juror, but for the fact that her personal problem was [of] such a magnitude that other jurors who had already been picked . . . either by act or words had indicated discomfort with that problem." I know that this humorous example is extreme, to say the least, but some rather wild excuses have been tried in several cases both in Memphis trials and around the country.

In the Chicago R. Kelly trial, let's see what some creative citizens tried:

1. I have a teenage daughter. Several axed jurors provided this explanation for why they couldn't give Kelly a fair trial. "I would have a hard time see anything involving a child without thinking of my child," one man said.
2. I save lives. An oncologist was excused from duty after he told the judge that jury service would create a logistical nightmare for his patients.
3. I'm a cop One Niles police officer lasted only about two minutes in the interview room before he was dismissed because of his profession.
4. I'll change my vacation plans. Overeagerness to serve on the jury is a definite red flag to attorneys. When one man offered to rearrange a trip to see his parents, the prosecution bounced him for being starstruck.
5. I'm getting married! The judge dismissed one woman whose wedding was set for the end of June. He didn't believe she could concentrate on the trial amid all the pre-wedding prep. The woman, who sported a nice size diamond on her left hand, looked thrilled to be released.
6. Please call my mom When one juror failed to show up for service, deputies called his house and his mother answered. She told the court that she didn't know where her son was and that he hadn't been "right" since he was shot in the head a while back. The judge and attorneys agreed to let him off the hook.
7. I blame R. Kelly for Sept. 11. When the judge asked one prospective juror about his feelings regarding Kelly, he cryptically answered: "R. Kelly may have led the Taliban in attacking us on 911, but you can't prove it." You're right, we can't. In fact, we're fairly certain that no one has ever tried.

Juror selection or voir dire ( latin for "speak the truth") is probably the single most important part of trials. It is an art and not a science. The pool of potential jurors is first qualified for service based upon the language of the new statute. The Shelby County Jury Commissioner, Clyde "Kit" Carson, administers the methods used to select a fair cross-section of those who are included as potential jurors for each term of both civil and criminal courts. We are fortunate to have such a knowledgeable and dedicated public servant. Kit has, as a result of years of experience, heard every possible excuse. Suffice it to say,that if you attempt to shirk your duty (and privilege) of jury service with the old excuse that "My dog ate my notice to serve." you will face not only our commissioner but also a Judge. Each panel is examined by a sitting Judge whose duty it is to call the balls and strikes concerning both the qualifications of persons to serve, as well as the valid exemptions from jury service. By the way, it is a crime in Tennessee to ignore your notice to appear for jury service.