United States v. Joseph Frank Brumbaugh

I concur in the affirmance of the conviction but for a different reason. I would hold that prejudice inhered in the conduct of the bailiff, and that appellant is not required to show that he suffered prejudice in fact. Nevertheless, since his counsel elected to speculate about the jury’s verdict and did not call this incident to the attention of the trial judge until after the rendition of the ver*1131diet, I would not order a new trial because of the bailiff’s misconduct.

In Parker v. Gladden, 385 U.S. 363, 87 S.Ct. 468, 17 L.Ed.2d 420 (1968), the Supreme Court considered a claim of constitutional…