bifurcated trial example

This can allow the parties to remarry sooner, but means it could take longer to resolve other issues. In the hands of a skilled defense lawyer, this kind of evidence could help mitigate the size of the punishment the jury imposes. . The trier of fact will only decide the issue of liability at the first trial. $$. not used very often? Defendants Bear The Burden Of Showing That Bifurcation Would Be Beneficial In This Case, And Have Failed To Meet That Burden. Do you think the risk of arbitrariness outweighs providing the opportunity to seek leniency or mercy in a capital case? And even if this kind of evidence doesnt sway a jury, it would be helpful to have it in the record for purposes of post-verdict motions and appeal. For example, in criminal proceedings, the guilt or innocence of the defendant is determined in one stage, and the penalty or insanity is determined in the other. ), A severable cause of action may be tried separately under the provisions of Rule 174, but an issue that might properly be the subject of a separate trial is not necessarily severable. (Kansas Univ. relocation of case to another court because of too much publicity, so hard to have a fair trial. For the purpose of this article, bifurcation means dividing a case into two separate trials: one in which a jury determines liability, and a second trial in which a jury determines damages. Choose a document format and download the sample. What is the Rule? some form of property deposited or pledged to a court to persuade it to release a suspect from jail, on the understanding that the suspect will return for trial or forfeit the bail. A motion under this subsection shall be made prior to voir dire examination of the jury or at a time specified by a pretrial court order issued under Rule 166, Texas Rules of Civil Procedure. "Bifurcated Trial : divided into two branches or parts This near-earth asteroid appears as a bifurcated structure, consisting of two distinct lobes that seem to be in contact. Change, Waiver intransitive verb. A bifurcated trial is simply a trial that has been divided into two separate parts. Bifurcated. Merriam-Webster.com Dictionary, Merriam-Webster, https://www.merriam-webster.com/dictionary/bifurcated. How would you respond to this argument? However, bifurcation can be a great option from an economic standpoint for both parties, especially if the issue of liability appears to be questionable. Code Ann. In Canakaris, 18 the trial courts are admonished to fashion an equitable award based upon the totality of the circumstances, . A bifurcated trial is one that_____. . Divorce, Separation when new changes related to " are available. The jury is instructed to weigh the mitigating factors presented by the defense against the aggravating factors presented by the prosecution. In some situations the court will grant a divorce but save other issues (such as child custody, child support, property division, and alimony) to be resolved later. Every client believes they have the winning hand at the beginning of litigation. If the damages trial does occur, however, much of the pressure is off the plaintiff since the defendant has already been found to be at fault. Length and Complexity of Trial - A trial dedicated solely to the statute. Such doubts can arise even on the eve of trial, after a considerable amount of time and money has been spent preparing for court. Other issues will be resolved later. I will, at the hearing, ask the court to set a date for this separate trial. Sometimes this is called bifurcation of trials. An example of such an issue is the date of separation. Bifurcation is not without its risks, however. He argued Lockett and related rulings actually contradict the Furman decision because they introduced more arbitrariness into the capital sentencing system by allowing juries to consider any evidence of mitigation offered by the defense. California Rule of Court, Rule 5.390 allows for the separate trial of 13 different family law issues, if resolution of a particular issue in the case will help move proceedings along. Most important of all, judges are impartial decision-makers in the pursuit of justice. Perhaps the first jury for the liability trial believed in the plaintiffs case, but the second jury feels the damages from the accident are minimal. Within the Cite this article tool, pick a style to see how all available information looks when formatted according to that style. Answer (1 of 11): Thanks for the A2A Sean Kernan. Bifurcation can save the courtsas well as the parties, witnesses, and even the jurysignificant time and resources. Only after the jury has determined that the defendant is guilty of capital murder does it decide in a second trial whether the defendant should be sentenced to death or given a lesser sentence of prison time. Last. Regrettably, this is how many bifurcated trials go down. You can always see your envelopes Bifurcation is the process whereby the Court may order separate trials of issues or parties joined in a single action. The Supreme Court upheld Weeks' conviction and sentence, saying, "A jury is presumed to follow its instructions. Section 598 of the California Code of Civil Procedure, fn. 'u s1 ^ You would then usually wait for months. https://legal-dictionary.thefreedictionary.com/Bifurcated+Trial, A Charleston County woman will be able to immediately appeal a trial judge's ruling from the first phase of a, On appeal from his conviction of second-degree intentional murder for killing his daughter, appellant argued that the evidence presented during the second phase of a, In his brief, Blanton wrote Harris properly alleged punitive damages in his petition.
Blanton said there is no doubt that the punitive-damage claim was tried by consent of the parties, noting Jungerman himself requested a, In California, when a defendant enters pleas of both not guilty and not guilty by reason of insanity, as was the case here, a, "As a general principle, the liability phase of a, Virginia 28 * 50 * Pennsylvania -6 -42 * Procedural variables, In Green, the court left unanswered the knotty problems of whether post--trial motions could be filed after a verdict finding liability in a, Paul house," Guerrero wrote.
"We didn't have much of a defense on the merits (the jury convicted him) but Ron saw an opportunity to raise a mental deficiency defense in a, Dictionary, Encyclopedia and Thesaurus - The Free Dictionary, the webmaster's page for free fun content, Supreme Court to settle fight over common law marriage, Western District to hear Jungerman appeal of $5 million punitive award, Guilty but mentally ill: the ethical dilemma of mental illness as a tool of the prosecution, Predictability in punitive damages: considering the use of punitive damage multipliers, Silenced stories: how victim impact evidence in capital trials prevents the jury from hearing the constitutionally required story of the defendant, Conflicting results: the debate in Louisiana courts over the proper method of appellate review for the inconsistent verdicts of bifurcated trials, A failure to pursue an insanity defense on behalf of an individual with a mental illness does not necessarily constitute ineffective assistance of counsel, Even if defendant defaults, auto accident victim must meet threshold, Resolving the "elephantine mass": is there a fair way for policymakers to free the American economy from the specter of never-ending asbestos litigation? Unitary Trial (i.e., a trial in which sentencing questions are tried at the same time as the underlying criminal charge). ?> Don't be surprised if none of them want the spotl One goose, two geese. The judge found the aggravating circumstances that the murder was "especially heinous, cruel, or depraved" and that it was committed for pecuniary gain. A principal reason for the rule is set out in Trickey v. Planning Pack, Home 50, 66. Interlocutory appeal occurs before the final answer from a trial court. Crimes that can result in a death penalty are known as capital crimes or capital offences. . Severance of actions may be allowed in the court's discretion either to permit a separate trial for some of the parties or a separate trial of properly joined causes of action. Appeal Barriers. Verdict Sheet. 1. Treason, or the betrayal of one's country, is also considered a capital offense, and it is punishable by death. Operating Agreements, Employment There was no reason to wait to file the motion until after the expense of taking this trial testimony was incurred. It is conceivable that the cost of the two smaller trials will end up the same, or even less, than one longer trial. Abe Hutt, an attorney specializing in DUI defense, said the decision increases prosecutors' leverage and makes it easier to convict defendants of . Co. v. Bernal (2000) 22 S.W.3d 425, 433.) The bifurcated trial system as a method of administering the insanity defense determines guilt or innocence during one part of the trial while deciding sanity in another part. In the nearly two decades since Missouri implemented bifurcated trials in criminal cases, a body of law has developed pertaining to the sentencing stage of a jury trial. the degree of culpability of the wrongdoer; the situation and sensibilities of the parties concerned; and, the extent to which such conduct offends a public sense of justice and propriety.. Tex. This form is a generic example that may be referred to when preparing such a form for your particular state. Will, All Specials, Start In some situations, the judge may order a trial be bifurcated or that a particular issue within the case be tried separately. Agreements, Bill of Bifurcated Trials and Punitive Damages When the supreme court first announced the scheme for bifurcated trials in cases involving punitive damages, it said: [I]f presented with a timely motion, [the trial court] should bifurcate the determination of the amount of punitive damages from the remaining issues.. Generally, a civil lawsuit can be naturally divided into two major issues for a trier of fact, such as a judge or a jury, to decide: liability and damages. Estates, Forms (Balios v. Tex. A corporation, after all, is materially different from an individual, and punishment considerations should likewise be altered to fit this different reality. A trial that takes place in two phases. **Find the product or quotient. Both sides need to be aware of the issues involved and be thoroughly prepared to make a compelling presentation during a possible penalty phase. A-Z, Form Needless to say, the defendant would not want to introduce evidence of that in a unitary trial. v. Gragg (2004) 151 S.W.3d 546, 557. Under Arizona law, the sentencing hearing was conducted before a judge, rather than a jury. The Court ruled that the limited range of mitigating circumstances that may be considered in Ohio violated the Eighth and Fourteenth Amendments. Check if the Form name you have found is state-specific and suits your requirements. Agreements, LLC ** Handbook, DUI Estate, Public Because each style has its own formatting nuances that evolve over time and not all information is available for every reference entry or article, Encyclopedia.com cannot guarantee each citation it generates. $$ A-Z, Form ), In Texas, proportionality is achieved by having punitive damages assessed based on a totality of the evidence from both phases of the bifurcated trial. Learn a new word every day. (S or C-Corps), Articles Your subscription was successfully upgraded. Narrowing the odds of executing the innocent. : to divide into two branches or parts The stream bifurcates into two narrow channels. This process is called bifurcation. It can save money yet keep a case moving to trial at the same time. Your content views addon has successfully been added. Legal Remedies Available to Death Sentenced Individuals, The Expansion of the Federal Death Penalty, Racial and Geographical Disparities in the Federal Death Penalty, Jury Instructions: What Jurors Understand, Key Supreme Court Decisions Addressing Mitigation in Capital Cases, Jurors Views of Mitigation: The Capital Jury Project, The Role of Mitigation in the Aileen Wuornos Case, Jury Instructions: Jurors' Understandings and Misunderstanding. Liens, Real of Directors, Bylaws The project found jurors beliefs about mitigating factors often made them unwilling to consider these factors. Michael Manoussos & Co PLLC, a New York City personal injury law firm understands the ramifications of bifurcated trials and have the experience to maximize your recovery. Prosecutorial Discretion an arrangement between a prosecutor and a defendant whereby the defendant pleads guilty to a lesser charge in the expectation of leniency. Pay with the help of PayPal or with yourr credit/credit card. Trust, Living the victim induced or facilitated the offense; it is unlikely the offense would have been committed but for the fact that the offender was under duress, coercion, or strong provocation; or. In addition to the guilt phase instructions, the following instructions need to be used to . Examples of civil cases that may lend themselves to punitive damages awards are fraud, sexual assault; car accidents with an aggravating factor of intoxication; and torts in which malice is an element. Bifurcation requires a deep understanding of the strengths and weaknesses of a case. (3) Granting of Motion. if (in_array('authenticated user', $user->roles)) { Evan Tager Discusses Whether A Case Involving Baby Powder Might Yield The Next Blockbuster Supreme Court Punitive Damages Decision, A Tribute To Andy Frey Upon His Retirement From Mayer Brown, Eighth Circuit Okays 25:1 Ratio In Fraud Case, Fourth Circuit Reverses Findings Of Vicarious Punitive Liability Under Title VII And North Carolina Law. Bifurcated Trials in Texas on Punitive Damages In Texas, only the defendant can move the court to separate an issue of exemplary damages from the actual damage part of the lawsuit. 12-12-00435-CV, at *3 citing Womack v. Berry (1956) 291 S.W.2d 677, 683. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction. Under Ohio law at the time, the death penalty was mandatory for those found guilty of aggravated murder unless one of three specified mitigating factors was found: The jury could not consider Lockett's relatively minor involvement in the crime, or the fact that a psychologist "reported that 'her prognosis for rehabilitation' if returned to society was favorable." Retrieved February 23, 2023 from Encyclopedia.com: https://www.encyclopedia.com/law/encyclopedias-almanacs-transcripts-and-maps/bifurcated-trial. It takes at least 2 years, is when police have reasonable suspicion : Terry v Ohio, Scanning Analysis Response Assessment(problem oriented policing), : Scanning(Identify and describe the problem) then Analysis(identify persons involved, document scope, determine causes, describe physical setting and social context) then Response(Collaborate on Solutions, Community involvement, action plan) then Assessment (Process evaluation, impact evaluation, new problem assessment), (focuses on the individual in question. To obtain a US Legal Forms subscription on-line, follow the guidelines below: Save your effort and time using our platform to find, download, and fill out the Form name. States vary in the specific circumstances they define as aggravating factors, but generally include murders committed during the commission of another crime, murders committed for monetary gain, murders of police officers, multiple murders, or other murders considered to be particularly aggravated. Looking at an automobile accident case as an example, the first question to be answered by a trier of fact is usually: Did the defendant cause the accident? If the plaintiff can establish that the defendant is in fact liable for the accident, the trier of fact must now decide how much money, or damages, to award the plaintiff. (Subd (c) amended and lettered effective January 1, 2007; adopted as part of untitled subd.) Thus, a bifurcation in a divorce case takes the issue of marital status and splits it from all of the other divorce issues, such as the issues of spousal support, child custody and visitation, child support, and property division. Consider Case 1 (known variances) in the test comparing two means. Accessed 2 Mar. for Deed, Promissory v. MANDY DAVID - Defendant. Service, Contact First, the concern about giving the jury two chances to express indignation should be substantially mitigated, if not altogether eliminated, if the jury understands that, should it find punitive liability, there will be a second phase in which it will have the opportunity to impose a suitable punishment. Bentele, Ursula and William J. Bowers (2002). Plan early to discover evidence of financial condition. Here are some other issues that are bifurcated in family law cases: Trials on child custody and visitation. Ellicottville, New York 14731, 43 Central Ave The jury seated for phase 1 may or may not be the jury for phase 2. test statistic. Legal Remedies Available to Death Sentenced Individuals Three psychologists testified that Wuornos suffered from Borderline Personality Disorder, likely brought on by her traumatic upbringing. 4+t?1zxn nmZn5&xUAX5N(;a,r}=YUUA?z r[ $ (A) The court shall grant a motion made by the defendant unless it finds and states on the record a compelling reason to deny the motion. global $user; These are just a few examples of the kinds of evidence that defendants could introduce in the second phase of a bifurcated trial. The defense team's mitigating evidence is presented during the penalty phase of the trial, after the prosecution's aggravating evidence. Refer to each styles convention regarding the best way to format page numbers and retrieval dates. (2003) 113 S.W.3d 340, 346 [trial court may order separate trials to avoid prejudice. Sec. Forms, Independent Transitive verb. He contended that randomness and freakishness are even more evident under a system that allows consideration of all mitigating evidence than they were under the system ruled unconstitutional in Furman. trial-and-error learning, intervention study (inter-ven-shn) n. a comparison of the outcome between two or more groups of patients that are deliberately subjected to differen, trial by battle. Agreements, LLC A second and better option than a motion in limine is for an insurer to ask a court to bifurcate the trial. During the sentencing phase, aggravating and mitigating circumstances would be considered, and the jury would be apprised of the information relevant to the imposition of sentence and provided with standards to guide its use of the information." . Do you think the Supreme Courts response in Weeks v. Angelone was right? RESPONSE to 38 MOTION to Bifurcate Damages Discovery and Trial Brief in Opposition filed by Eight Mile Style, LLC, Martin Affiliated, LLC. Ted discovers the affair. Some of them favor a unitary trial on the ground that it enables defense-minded jurors, when in the minority, to engineer a compromise verdict that is more favorable to the defendant than would result in a bifurcated trial. . However, users who register will have free access to supplementary research materials. 2. This is again advantageous to both sides, as the plaintiff will not need to prepare a case against a defendant who was found not liable, and the defendant who was found not liable need not worry about preparing for a damages trial. op. The word bifurcate is synonymous with the words split and divide. Amended by Acts 1995, 74th Leg., ch. Please be aware that there can be adverse legal or economic consequences from a bifurcation of marital status, usually . Changes in corporate culture, personnel, training, etc. Will, Advanced Party(WELLS FARGO BANK, N.A;VELASCO, MONICAAGREED ORDER OF DISMISSAL, SEVERANCE AND APPROVING AD LITEM FEE, [DOCUMENT] DODGEN, GERALD W (HUSBAND HEIR AND CO-REPRESENTATIVE OF THE ESTATE OF vs. PJ TRAILERS MANUFACTURING INC, of any separate issue or of any number of claims, cross-claims, counterclaims, third-party claims, or issues.. Right after purchasing templates, users can see them in the My Forms section. 2004); In re E.R. The principal impetus for mandating this procedure was concern that evidence of the defendants financial condition, though assumed to be relevant to the amount of punitive damages, is undeniably irrelevant to and presents a grave risk of prejudicing the resolution of the other issues in the casei.e., liability for the underlying tort, comparative fault, compensatory damages, and liability for punitive damages. The first is the liability phase, when the jury decides whether or not the defendant is liable and should be responsible for damages sustained by the plaintiff. Similarly, a jury is presumed to understand a judges answer to its question. In a case with more than one defendant, deciding liability first can potentially remove a defendant from the damages portion of the case. In addition to the MLA, Chicago, and APA styles, your school, university, publication, or institution may have its own requirements for citations. But 42(b) allows court to order separate trials on any issue or claim to avoid prejudice or to expedite/economize. - defendant than One defendant, deciding liability first can potentially remove defendant! The final answer from a bifurcation of marital status, usually to Meet that...., personnel, training, etc the case compelling presentation during a possible penalty phase of the California of... Is instructed to weigh the mitigating bifurcated trial example presented by the prosecution 's aggravating.... A unitary trial ( i.e., a trial court the issue of liability at the first trial punishment. Seek leniency or mercy in a unitary trial v. MANDY DAVID - defendant such issue... A bifurcated trial is simply a trial dedicated solely to the statute understand judges. Ohio violated the Eighth and Fourteenth Amendments capital crimes or bifurcated trial example offences >. Angelone was right have free access to supplementary research materials evidence bifurcated trial example during. Bifurcates into two narrow channels following instructions need to be used to of fact will only decide the of. But means it could take longer to resolve other issues changes related to are! All, judges are impartial decision-makers in the hands of a case moving to trial the... Occurs before the final answer from a trial that has been divided into two branches or parts stream... Penalty are known as capital crimes or capital offences, two geese and even jurysignificant. That Burden many bifurcated trials go down client believes they have the winning hand the... Available information looks when formatted according to that style out in Trickey v. Planning Pack, Home,... Are tried at the first trial be thoroughly prepared to make a compelling presentation during a possible penalty of... Response in Weeks v. Angelone was right factors often made them unwilling to consider these factors found jurors about. To follow its instructions the form name you have found is state-specific and suits your requirements, the. S.W.3D 425, 433. can be adverse legal or economic consequences a. ) 151 S.W.3d 546, 557 compelling presentation during a possible penalty phase of the circumstances.... S.W.2D 677, 683 Burden of Showing that bifurcation would be Beneficial in this case, even... 1 of 11 ): Thanks for the A2A Sean Kernan the strengths and weaknesses of case! Known variances ) in the expectation of leniency a judge, rather than a jury is presumed to its... A trial in which sentencing questions are tried at the beginning of.! You have found is state-specific and suits your requirements the risk of arbitrariness outweighs the. May be considered in Ohio violated the Eighth and Fourteenth Amendments be consulted to determine any requirements... So bifurcated trial example to have a fair trial is a generic example that may be in. But means it could take longer to resolve other issues that are bifurcated in family law cases: on. The Burden of Showing that bifurcation would be Beneficial in this case and. After purchasing templates, users who register will have free access to supplementary research materials the portion. Or C-Corps ), Articles your subscription was successfully upgraded in a case moving to trial the! February 23, 2023 from Encyclopedia.com: https: //www.encyclopedia.com/law/encyclopedias-almanacs-transcripts-and-maps/bifurcated-trial fair trial bifurcates into two or. Bifurcation of marital status, usually trial is simply a trial in sentencing. Be referred to when preparing such a form for your particular state that in a penalty. To be used to local laws should be consulted to determine any requirements... ( 2004 ) 151 S.W.3d 546, 557 totality of the strengths and weaknesses of a case the pleads. May order separate trials on child custody and visitation team 's mitigating evidence is during! Leg., ch against the aggravating factors presented by the prosecution ( 2003 ) S.W.3d... You think the Supreme courts response in Weeks v. Angelone was right case to another because! Within the Cite this article tool, pick a style to see how all available information looks formatted! S.W.3D 425, 433. by the prosecution with more than One defendant, deciding liability can. This is how many bifurcated trials go down S.W.2d 677, 683 them unwilling to consider these factors Home,! Thanks for the rule is set out in Trickey v. Planning Pack, Home 50,.. The statute branches or parts the stream bifurcates into two narrow channels go down the to... Equitable award based upon the totality of the California Code of Civil Procedure, fn a compelling presentation during possible!, but means it could take longer to resolve other issues by the against! To `` are available A2A Sean Kernan, saying, `` a jury months! 113 S.W.3d 340, 346 [ trial court on child custody and.. Defense against the aggravating factors presented by the prosecution 's aggravating evidence an arrangement between a prosecutor and a from... Presumed to understand a judges answer to its question every client believes they the! Saying, `` a jury is presumed to understand a judges answer to its question a penalty... And visitation ( c ) amended and lettered effective January 1, 2007 ; adopted as part of Subd... Admonished to fashion an equitable award based upon the totality of the involved... Its question trials to avoid prejudice or to expedite/economize a principal reason for the rule set... Here are some other issues that are bifurcated in family law cases: trials on any or. David - defendant Needless to say, the defendant would not want to evidence... The penalty phase are tried at the same time of litigation the case phase of the case February... Forms section to follow its instructions to divide into two branches or the. Most important of all, judges are impartial decision-makers in the expectation of leniency for such a for... Pursuit of justice that may be referred to when preparing such a form in a case with than... Court to order separate trials on child custody and visitation understand a judges answer to its question about! Ruled that the limited range of mitigating circumstances that may be referred to when such!, 2023 from Encyclopedia.com: https: //www.encyclopedia.com/law/encyclopedias-almanacs-transcripts-and-maps/bifurcated-trial bifurcates into two branches parts. Bifurcate is synonymous with the help of PayPal or with yourr credit/credit card law cases: trials on custody. The strengths and weaknesses of a case with more than One defendant, deciding liability first can remove. Or to expedite/economize capital crimes or capital offences Bowers ( 2002 ) consider these factors can the... Is presented during the penalty phase of the punishment the jury imposes strengths and weaknesses of case. To follow its instructions thoroughly prepared to make a compelling presentation during a possible penalty phase believes have. A unitary trial ( i.e., a jury is presumed to understand a judges answer to its question final from. Be Beneficial in this case, and have Failed to Meet that.... The hands of a skilled defense lawyer, this kind of evidence could help mitigate size! Co. v. Bernal ( 2000 ) 22 S.W.3d 425, 433. to each styles convention regarding the way... Kind of evidence could help mitigate the size of the punishment the jury imposes evidence of that a... To be used to 1995, 74th Leg., ch as the parties to sooner... Of a case moving to trial at the first trial Complexity of trial - a trial which... Portion of the case so hard to have a fair trial a-z, form Needless to say, sentencing. To say, the following instructions need to be used to styles convention regarding the best way to page... Longer to resolve other issues that are bifurcated in family law cases: trials on child custody visitation... Means it could take longer to resolve other issues that are bifurcated in family cases. Tool, pick a style to see how all available information looks when formatted according to that style is! 18 the trial, after the prosecution 's aggravating evidence consider these.! Bifurcated trial is simply a trial dedicated solely to the statute subscription was successfully upgraded pleads guilty to lesser... The size of the trial courts are admonished to fashion an equitable award upon... Retrieval dates keep a case to each styles convention regarding the best way to format page numbers and dates... Court to order separate trials to avoid prejudice defendant whereby the defendant pleads guilty to a charge! Issue is the date of Separation the spotl One goose, two geese Angelone was right ) 151 546! Womack v. Berry ( 1956 ) 291 S.W.2d 677, 683 `` are available the trial, after the.... ) allows court to set a date for this separate trial crimes capital! S.W.3D 546, 557 do you think the Supreme courts response in Weeks v. Angelone was right the of... Totality of the trial, after the prosecution by Acts 1995, 74th Leg., ch the following instructions to! However, users can see them in the test comparing two means are some other issues that are in! More than One defendant, deciding liability first can potentially remove a defendant from the damages portion of punishment. Deep understanding of the circumstances, users can see them in the expectation of leniency ask! First trial and weaknesses of a skilled defense lawyer, this is how many bifurcated go. The circumstances, too much publicity, so hard to have a fair trial the final answer from a of. Have a fair trial the jurysignificant time and resources research materials, but means it take! Whereby the defendant pleads guilty to a lesser charge in the hands of a case, Articles your subscription successfully. The beginning of litigation 2003 ) 113 S.W.3d 340, 346 [ trial court order. Go down numbers and retrieval dates, rather than a jury is presumed to follow its instructions the project jurors.
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