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Article • August 1, 1998 • from P&J August, 1998
U.S. v. Bendek, No. 96-9408 (11th Cir.) (146 F.3d 1326) (July 23, 1998) (Per Curiam) by Case held that even assuming permitting alternate juror to deliberate with regular jurors constituted plain error which affected the defendant's substantial rights, it did not warrant reversal since defendant failed to show prejudice from …
Article • June 1, 1998 • from P&J June, 1998
U.S. v. Acevedo, No. 95-4729 (11th Cir.) (141 F.3d 1421) (May 22, 1998) (Judge Gerald B. Tjoflat) by Case held that violation of rule requiring court to discharge alternate jurors prior to deliberations does not require automatic mistrial.
Article • December 1, 1996 • from P&J December, 1996
U.S. v. Donato, No. 95-3195 (D.C. Cir.) (99 F.3d 426) (November 8, 1996) (Judge David B. Sentelle) by Here the Courtt held that the district court erred when it excused a juror, after the jury had been given its instructions but before it left to begin deliberations, without making the …
Article • September 1, 1996 • from P&J September, 1996
U.S. v. Houlihan, No. 95-1614 (1st Cir.) (92 F.3d 1271) (August 22, 1996) (Judge Bruce M. Selya) by Case held that district court's failure to dismiss alternate jurors once deliberations began was not reversible error.
Article • March 1, 1996 • from P&J March, 1996
U.S. v. Ottersburg, No. 95-1847 (7th Cir.) (76 F.3d 137) (February 2, 1996) (Judge Kenneth F. Ripple) by In this case, the Court reverses a conviction on the grounds that the trial judge committed plain error by allowing two alternate jurors to deliberate and sign the verdict form along with …
Article • January 1, 1994
U.S. v. Olano, No. 87-3128 (9th Cir.) (934 F.3d 1425) (May 31, 1991) (Judge Stephen Reinhardt) by Case held that the presence of alternate jurors in the jury room during deliberations was "inherently prejudicial" and court granted a new trial even though defendants had not lodged contemporaneous objections.