United States v. Turrietta

PAUL KELLY, JR., Circuit Judge,

concurring.

I concur in the result but would hold that Mr. Turrietta waived the error of an unsworn jury by failing to object before the jury was discharged. I appreciate the court’s rich and careful discussion of this aspect of trial by jury, but for me the crucial fact is that the defense admitted that the court’s error was fully appreciated but held any objection in reserve in order to attack a guilty verdict. Under these circumstances, the failure to make a contemporaneous objection was a matter of strategy, not neglect, and constituted consent to proceed…