Rocky Dietz v. Hillary Bouldin

I agree with the majority that the district court judge did not err in re-empaneling the jury in this case. I further agree with the majority’s conclusion that the district court judge may re-empanel a jury only if he finds that the jury was “not exposed to any outside influences that would compromise their ability to fairly reconsider the verdict.” Maj: Op. at 1100. I do not agree, however, that the district court judge should be required to undertake “an appropriate inquiry” into whether prejudicial influences have .tainted the jury. Id. Because the majority’s adoption of this duty of…