Forty potential jurors enter the courtroom bringing a unique set of imbedded feelings and values. You and your opponent examine the venire panel and strike the jurors averse to your respective clients. The surviving jurors rise, bring their right arms to the square and swear to “duly and fairly try the matter.” When the verdict is read at the conclusion of trial, the result shocks you and your opponent.
In a post trial ritual you and opposing counsel engage any of the jurors who will remain to talk to you. You are shocked at what the jurors thought the evidence was and how they arrived at their ridiculous verdict. They based their verdict on issues you and your opponent never raised and certainly never argued.
Read the first line of this blog. “Forty potential jurors enter the courtroom bringing a unique set of imbedded feelings and values.” If you don’t ferret out the “imbedded feelings and values” your jury will be ruling on your trial using “untried issues” to decide the case.