Conviction reversed after juror uses Twitter during trial

An Arkansas juror tweeted during trial, “Choices to be made. Hearts to be broken. We each define the great line.” It was brought to the attention of the court after counsel discovered it and realized a reporter was following the juror. Ultimately, the trial judge found that the juror disregarding a specific instruction not to tweet was not a material breach of the juror's oath. Then, the juror continued to tweet in a similar manner despite constant reminders not to do so.

On appeal before the Arkansas Supreme Court, the court reversed and remanded the conviction as a result of this juror's misconduct (and another juror who slept throughout parts of the trial) (Dimas-Martinez v. State, 2011 Ark. 515 (2011)). The court also ordered a committee to examine limiting juror's access to mobile phones during trial.

Other cases that have dealt with the issue of juror use of social media include:

• Pennsylvania juror updated his Facebook status throughout the trial with comments such as "can't believe tomorrow may actually be the end." The updates were shown on local television news, but the court found there was no outside influence or prejudice. United States v. Fumo, 655 F.3d 288 (3rd Cir. 2011)
• Facebook statuses such as "I may get 2 hang someone" and "Guinness for lunch break," and the juror becoming friends with another juror was not enough to demonstrate prejudice or bias. United States v. Ganias, 2011 WL 4738684 (D. Conn. 2011)
• Juror friending the plaintiff on Facebook and sending pictures from the account to the plaintiff's lawyer that allegedly showed drug use was not improper because testimony indicated the trial had been over prior to the friending. Wilgus v. F/V Sirius, Inc., 665 F. Supp. 2d 23 (D. Me. 2009)

In State v. Dellinger, the West Virginia Supreme Court suggested possible instructions regarding jurors' use of social networking. 696 S.E.2d 38 (W.V. 2010). Prior to trial, the judge should caution:

"I know that many of you use cell phones, Blackberries, the internet and other tools of technology. You also must not talk to anyone about this case or use these tools to communicate electronically with anyone about the case.... You may not communicate with anyone about the case on your cell phone, through e-mail, Blackberry, iPhone, text messaging, or on Twitter, through any blog or website, through any internet chat room, or by way of any other social networking websites, including Facebook, MySpace, LinkedIn, and YouTube."

Before jury deliberations, the judge should also instruct:

"During your deliberations, you must not communicate with or provide any information to anyone by any means about this case. You may not use any electronic device or media, such as a telephone, cell phone, smart phone, iPhone, Blackberry or computer; the internet, any internet service, or any text or instant messaging service; or any internet chat room, blog, or website such as FaceBook, MySpace, LinkedIn, YouTube or Twitter, to communicate to anyone any information about this case or to conduct any research about this case until I accept your verdict."