Rocky Dietz v. Hillary Bouldin

OPINION

FISHER, Circuit Judge:

We consider, as a matter of first impression in this circuit, whether a jury can be recalled shortly after it has been ordered discharged. Joining the majority of circuit courts to have decided the issue, we hold a district court may re-empanel a jury shortly after dismissal, but only if, during the period of dismissal, the jurors were not exposed to any outside influences that would compromise their ability to fairly reconsider the verdict.

BACKGROUND

Hillary Bouldin’s vehicle collided with Rocky Dietz’s in August 2009. Dietz subsequently filed a negligence…