Wagner v. Jones, et al., No. 13-1650 (8th Cir. 2014)
Annotate this CasePlaintiff filed suit against defendant, alleging claims related to her candidacy as a legal writing instructor at the Iowa College of Law. On appeal, plaintiff challenged the district court's denial of her motion for a new trial. The court held that where a court declares a mistrial and discharges the jury which then disperses from the confines of the courtroom, the jury can no longer render, reconsider, amend, or clarify a verdict on the mistrial counts. In this case, the court concluded that the magistrate judge erred in recalling the jury to question and re-poll them as to the mistried, or not, counts. Accordingly, the court reversed and remanded.
Court Description: Civil case - Civil Rights. Where a court declares a mistrial and discharges the jury which then disperses from the courtroom, the jury can no longer render, reconsider, amend or clarify a verdict on mistried counts; here, the magistrate judge erred in recalling the jury to question and re-poll them as to mistried (or not) counts; remanded for a new trial.
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