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U.S. v. Salazar, No. 13-20162 (5th Cir.) (751 F.3d 326) (May 2, 2014) (Judge Jerry E. Smith)

Article • November 3, 2014 • from P&J November, 2014

Filed under: Punch And Jurists, Directing a Verdict

U.S. v. Salazar, No. 13-20162 (5th Cir.) (751 F.3d 326) (May 2, 2014) (Judge Jerry E. Smith) by The defendant in this case, Juan Salazar, was charged with four counts of multiple drug and firearms offenses; and, at trial, his sole theory of defense was that, while he had initially …

U.S. v. Gianakos, No. 03-2989 (8th Cir.) (415 F.3d 912) (July 26, 2005) (Judge Lavenski R. Smith)

Article • August 1, 2005 • from P&J August, 2005

Filed under: Punch And Jurists, Juror Misconduct Issues

U.S. v. Gianakos, No. 03-2989 (8th Cir.) (415 F.3d 912) (July 26, 2005) (Judge Lavenski R. Smith) by

U.S. v. Stewart, No. 03 CR.717(MGC) (S.D.N.Y.) (317 F.Supp.2d 432) (May 5, 2004) (Judge Miriam Goldman Cedarbaum)

Article • July 1, 2004 • from P&J July, 2004

Filed under: Punch And Jurists, Juror Misconduct Issues

U.S. v. Stewart, No. 03 CR.717(MGC) (S.D.N.Y.) (317 F.Supp.2d 432) (May 5, 2004) (Judge Miriam Goldman Cedarbaum) by Defendants were convicted of several charges, including conspiracy, making false statements to government officials, and obstruction of an agency proceeding. Defendants moved for a new trial under Fed. R. Crim. P. 33, …

U.S. v. Stewart, No. 03 CR.717(MGC) (S.D.N.Y.) (317 F.Supp.2d 426) (May 5, 2004) (Judge Miriam Goldman Cedarbaum)

Article • July 1, 2004 • from P&J July, 2004

Filed under: Punch And Jurists, Juror Misconduct Issues

U.S. v. Stewart, No. 03 CR.717(MGC) (S.D.N.Y.) (317 F.Supp.2d 426) (May 5, 2004) (Judge Miriam Goldman Cedarbaum) by Defendants, a stockbroker and his client, were convicted of obstruction of an agency proceeding, making false statements, and conspiring to do those things. The stockbroker was also convicted of perjury. The stockbroker …

U.S. v. Symington, No. 98-10070 (9th Cir.) (195 F.3d 1080) (June 22, 1999) (Judge Betty Binns Fletcher)

Article • December 1, 1999 • from P&J December, 1999

Filed under: Punch And Jurists, Juror Misconduct Issues

U.S. v. Symington, No. 98-10070 (9th Cir.) (195 F.3d 1080) (June 22, 1999) (Judge Betty Binns Fletcher) by Here the Court reversed a conviction where a juror had been dismissed after deliberationsstarted, holding that if there is any reasonable possibility that the impetus for the dismissal stems from the juror's …

U.S. v. Greer, No. 2:95-CR-72 (D.Vt.) (998 F.Supp. 399) (February 9, 1998) (Judge William K. III Sessions)

Article • July 1, 1998 • from P&J July, 1998

Filed under: Punch And Jurists, Juror Misconduct Issues

U.S. v. Greer, No. 2:95-CR-72 (D.Vt.) (998 F.Supp. 399) (February 9, 1998) (Judge William K. III Sessions) by This case is noted for its discussion of the difficult burdens of proof that are required to vacate a conviction based on allegations of juror misconduct. After the defendants were convicted at …

U.S. v. Ailsworth, No. 97-3002 (10th Cir.) (138 F.3d 843) (March 10, 1998) (Judge Monroe G. McKay)

Article • May 1, 1998 • from P&J May, 1998

Filed under: Punch And Jurists, Communications with Jurors

U.S. v. Ailsworth, No. 97-3002 (10th Cir.) (138 F.3d 843) (March 10, 1998) (Judge Monroe G. McKay) by Case held that a notation on the jury verdict form qualified the jury's verdict and required the trial court to make inquiry into the notation's meaning to resolve what the jury meant.

U.S. v. Duran, No. 96-4108 (10th Cir.) (133 F.3d 1324) (January 9, 1998) (Judge David M. Ebel)

Article • March 1, 1998 • from P&J March, 1998

Filed under: Punch And Jurists, Communications with Jurors

U.S. v. Duran, No. 96-4108 (10th Cir.) (133 F.3d 1324) (January 9, 1998) (Judge David M. Ebel) by United States v. Barragan-Devis, 133 F.3d 1287 (9th Cir. 1287) (Judge Trott) United States v. Duran, 133 F.3d 1324 (10th Cir. 1998) (Judge Ebel) It really should not surprise anyone that there …

U.S. v. McClinton, No. 96-3143 (7th Cir.) (135 F.3d 1178) (February 6, 1998) (Judge Michael S. Kanne)

Article • March 1, 1998 • from P&J March, 1998

Filed under: Punch And Jurists, Juror Misconduct Issues

U.S. v. McClinton, No. 96-3143 (7th Cir.) (135 F.3d 1178) (February 6, 1998) (Judge Michael S. Kanne) by One of the issues raised in this case was a charge of juror misconduct; and, while that claim was rejected by the court, the decision contains a detailed discussion of the prevailing …

U.S. v. Rivera-Santiago, No. 95-1843 (1st Cir.) (107 F.3d 960) (March 10, 1997) (Per Curiam)

Article • April 1, 1997 • from P&J April, 1997

Filed under: Punch And Jurists, Communications with Jurors

U.S. v. Rivera-Santiago, No. 95-1843 (1st Cir.) (107 F.3d 960) (March 10, 1997) (Per Curiam) by Case held that district court committed reversible error by culling from the record only a portion of the Government's direct examination of a witness in response to the jury's open ended request for information.

U.S. v. Pressley, No. 94-3759 (7th Cir.) (100 F.3d 57) (November 8, 1996) (Judge Harlington Jr. Wood)

Article • December 1, 1996 • from P&J December, 1996

Filed under: Punch And Jurists, Communications with Jurors

U.S. v. Pressley, No. 94-3759 (7th Cir.) (100 F.3d 57) (November 8, 1996) (Judge Harlington Jr. Wood) by Court held that district court improperly comunicated with jurors, violating defendant's dight to be present at all stages of his trial; but held error was harmless.

Thompson v. Borg, No. 94-15846 (9th Cir.) (74 F.3d 1571) (January 22, 1996) (Judge Andrew J. Kleinfeld)

Article • March 1, 1996 • from P&J March, 1996

Filed under: Punch And Jurists, Juror Misconduct Issues

Thompson v. Borg, No. 94-15846 (9th Cir.) (74 F.3d 1571) (January 22, 1996) (Judge Andrew J. Kleinfeld) by In this habeas corpus case, in which juror misconduct was alleged, the majority holds that the defendant was not seriously prejudiced because one of the venire-members read in a newspaper that the …