Legal Opinion

United States v. James William Hynes, A/K/A James Burns

Court of Appeals for the Second Circuit

Decided June 29, 1970No. 33191_1PublishedCited by 42 opinions

1Opinion of the Court

MOORE, Circuit Judge:

This case presents a single issue on appeal: did Judge Weinfeld’s delivery of an “Allen charge” 1 to the jury after it reported a deadlock violate the defendant’s sixth amendment right to a verdict rendered by twelve individual and impartial jurors?

Hynes was convicted of having in his possession two counterfeit twenty-dollar bills and attempting to use one as payment for a drink in a tavern. All of the testimony related to this single incident and to Hynes’s knowledge that the bills were counterfeit. The only substantial question presented to the jury was the issue of…

2Cases cited12 opinions

  1. Allen v. United StatesSupreme Court of the United States · 1896
  2. United States v. John Fioravanti, Nicholas Panaccione, and Angelo Pepe, Nicholas PanaccioneCourt of Appeals for the Third Circuit · 1969
  3. Irven Green and Robert Benjamin Smith v. United States of America, Arnold Jack Johnson v. United StatesCourt of Appeals for the Fifth Circuit · 1962
  4. James Huffman and Evelyn Nelson Huffman v. United StatesCourt of Appeals for the Fifth Circuit · 1962
  5. Billy George Andrews v. United StatesCourt of Appeals for the Fifth Circuit · 1962

7 more not listed; retrieve them via the Exa API.

3Cited by42 opinions

  1. Edwards v. FischerDistrict Court, S.D. New York · 2006
  2. United States v. Cecil RobinsonCourt of Appeals for the Second Circuit · 1977
  3. United States v. John FlanneryCourt of Appeals for the First Circuit · 1971
  4. United States v. Eduardo BermudezCourt of Appeals for the Second Circuit · 1975
  5. United States of America, v Demetrios Papadakis and Joseph NovoaCourt of Appeals for the Second Circuit · 1975

37 more not listed; retrieve them via the Exa API.

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