Juror’s Use of iPhone Causes Mistrial in Manslaughter Case

The Florida Court of Appeals recently overturned a manslaughter conviction because a juror used his iPhone to look up a definition during jury deliberations. In 2006, Jose Tapanes was convicted of manslaughter after fatally shooting his neighbor during a heated argument. Tapanes claimed to have feared for his life at the time of the argument so as to render his decision to shoot his neighbor “prudent”, a term used both in closing arguments and in the jury instructions.

After Tapanes was convicted, a juror informed defense counsel that the jury foreperson had used his smart phone during a break in deliberations to look up the definition of “prudent”. Under Florida law, the introduction of external information into jury deliberations could be grounds for a new trial if a court finds that this information may have affected the verdict. Based upon the jury foreman’s use of his iPhone, defense counsel moved for a new trial.

Upon review, the Court of Appeals granted the defendant’s motion for a new trial, based upon a finding that the juror’s use of his smart phone to look up a definition and then share that definition with other members of the jury constituted misconduct that may have affected the verdict in the case. The Court emphasized that the juror’s use of the iPhone to access a dictionary was no different than referencing a bound dictionary, a material long recognized by Florida courts to be prohibited during jury deliberations. Further, the Court noted that the fact the juror was not physically inside the jury room when he accessed the definition made no difference, since he conveyed his recollection to other jurors once deliberations resumed, and that the concept of “prudence” was one that may have been key to the jury’s deliberations in the case.

Those accused of crimes are subject to the protections of the Constitution of the United States. An experienced criminal defense attorney ensures a defendant’s rights are protected. If you have been charged with, or convicted of an offense, you still have constitutionally protected rights which the Law Offices of Marc Neff will protect. For a confidential consultation, please contact our office at 215-563-9800 or via email at marc@nefflawoffices.com.