Legal Opinion

United States v. Lawhorne

District Court, E.D. Virginia

Decided November 16, 1998No. CR. 3:96cr139PublishedCited by 11 opinions

1Opinion of the Court

MEMORANDUM OPINION

PAYNE, District Judge.

The defendant Robert L. Lawhorne has filed a MOTION FOR MISTRIAL BASED UPON IMPROPER CONTACT BETWEEN A GOVERNMENT PROSECUTOR AND A JUROR AT THE DEFENDANT’S TRIAL. For the reasons set forth below and, pursuant to Fed.R.Crim.P. 52(b), the verdict is set aside, the Judgment In A Criminal Case entered herein on December 12, 1997 is vacated and a new trial shall be had within the time set by 18 U.S.C. § 3161(e) if the United States intends to proceed further with the charge.

BACKGROUND

On December 3, 1996, Lawhorne was indicted for possession of a firearm by a…

2Cases cited53 opinions

  1. United States v. OlanoSupreme Court of the United States · 1993
  2. Johnson v. ZerbstSupreme Court of the United States · 1938
  3. Gideon v. WainwrightSupreme Court of the United States · 1963
  4. Gideon v. WainwrightSupreme Court of the United States · 1963
  5. Arizona v. FulminanteSupreme Court of the United States · 1991

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3Cited by11 opinions

  1. Barbara Skaggs, as Guardian of the Person and the Estate of Roy Skaggs, an Incapacitated Person v. Otis Elevator Company, a New Jersey CorporationCourt of Appeals for the Tenth Circuit · 1998
  2. SANCHEZ-MARTINEZ v. PeopleSupreme Court of Colorado · 2011
  3. United States v. LewisDistrict Court, S.D. West Virginia · 2002
  4. State v. PatelOhio Court of Appeals · 2011
  5. United States v. LeccoDistrict Court, S.D. West Virginia · 2009

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