Nissan Motor Corp. in U.S.A. v. Padilla

The appellants raise several issues on appeal. The main issue is whether a judge’s communication with the jury in the absence of attorneys, after the jury has retired to deliberate, requires a new trial where the attorney for the losing party had knowledge of the communication but failed to object until after the verdict was returned. We hold that under the circumstances the complaining party’s right to a new trial was waived.

The trial judge in this case made two improper contacts with the jury. The first one was after the jury was charged and counsel for both sides had left the courtroom…