United States v. Turrietta

O’BRIEN, Circuit Judge.

Introduction

A federal jury convicted Gilbert Turrietta of assaulting a law enforcement officer. The jury reached its verdict despite having never been sworn. The problem would have gone unnoticed were it not for a belated objection from Turrietta’s attorney, Charles Knoblauch. He knew from the outset of the trial that the jury had not been sworn, yet strategically reserved any objection until a guilty verdict was returned and the jury had dispersed.1

A verdict delivered by an unsworn jury may present an issue of constitutional dimension, as Turrietta contends. But a…