The “Digital Juror”: Why a Smartphone Can Overturn a Verdict

By: John Guidry

Jury trials are an interesting thing, especially in criminal cases. As you may already know, juries are not allowed to investigate the case in any way. A juror must only rely upon the evidence heard at trial.

But access to information in this technology age has made investigation easy. The trend for Orlando juries is that most jurors bring some sort of iPhone or smartphone back to the jury room. So, what happens when a juror uses this technology to help decide a case?

That seems harmless, right? Wrong.

Do you suspect the jury did outside research in your case?

This is juror misconduct. Call John today at (407) 423-1117.

The Case: Tapanes v. State (The Dictionary Disaster)

In Tapanes v. State, 43 So. 3d 159 (Fla. 4th DCA 2010), a juror used his smartphone during a break to look up the definition of the word “prudent.”

• The Context: The Judge used the word “prudent” in the jury instructions. The attorneys used it in closing arguments.
• The Misconduct: The juror shared the definition he found on the Encarta website with the rest of the jury.

After deliberations, they found Tapanes guilty of Manslaughter. Tapanes’ attorney moved for a new trial because the jury considered “unauthorized materials.”

The Ruling: Why “Encarta” is Illegal

The Court’s analysis hinged on two factors:

1. Was it Misconduct? Yes. The Court reasoned that using a smartphone is no different than bringing a bound dictionary into the jury room. Since outside books are banned, the phone research was misconduct.
2. Did it Affect the Verdict? Yes. Since the word “prudent” was central to the definition of Manslaughter, the outside definition likely swayed their decision.

The Result: New Trial Granted. Because the State could not prove the misconduct was harmless, the conviction was thrown out.

John’s 2026 Update: The AI Hallucination Danger

Note: In 2010, the danger was a dictionary. In 2026, the danger is Artificial Intelligence.

1. The “ChatGPT” Juror In 2026, we aren’t just worried about jurors Googling definitions. We are worried about jurors asking ChatGPT or AI for legal analysis.

• The Danger: AI often “hallucinates” (makes up) laws that don’t exist. If a juror asks an AI, “What is the sentence for Manslaughter?” or “What is reasonable doubt?”, the AI might give a completely wrong answer that sounds authoritative.
• The Defense: If we find out a juror consulted an AI, Tapanes applies with even more force. This isn’t just “outside research”; it is potentially “false legal instruction,” which is automatic grounds for a mistrial.

2. Strict Confiscation (Rule 2.451) Because of cases like Tapanes, Florida courts have cracked down hard.

• Florida Rule of Judicial Administration 2.451 now gives judges the power to completely confiscate all electronic devices before deliberations begin.
• In many Orlando courtrooms today, the bailiff collects every Apple Watch and phone before the jury door closes. If they miss one, and a juror uses it, we have grounds for appeal.

3. Social Media Investigations We also monitor public social media during trials. If a juror tweets, “This defendant looks guilty,” or posts a photo of the evidence room, we can use that digital footprint to prove misconduct and demand a new trial.

Did the Jury Break the Rules?

If you believe the jury in your case relied on Google, Wikipedia, or AI instead of the evidence, your verdict might be invalid.

Call me at (407) 423-1117. Let’s investigate the investigators.

About John Guidry II

John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.

Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.

Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.

When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.