Zaitzeff v. Raschke

(for reversal). I am the author of that intracourt memorandum which Justice T. E. Brennan has recalled, post at pp 581-582. It speaks sufficiently my view that the judgment of the circuit court should he reversed.

With what was written so plainly in 1961 for Wilson v Hartley, 365 Mich 188, concerning the indefensible practice of entering the jury room while the jurors are there, no matter by whom done, one would think that this Court had said enough to prevent what took place here. Yet the practice seems to go on, and on, and on, encouraged occasionally by “no prejudice shown” conclusions of a…