Legal Opinion
United States v. Benally
Court of Appeals for the Tenth Circuit
Decided November 12, 2008No. 08-4009PublishedCited by 49 opinions
1Opinion of the Court
McCONNELL, Circuit Judge.
On October 10, 2007, a jury convicted Kerry Dean Benally of forcibly assaulting a Bureau of Indian Affairs officer with a dangerous weapon, in violation of 18 U.S.C. § 111(b). The next day one of the jurors came forward with a charge that the jury deliberations had been tainted by racial bias and other inappropriate considerations. The district court held that Federal Rule of Evidence 606(b)’s general rule against jurors testifying about jury deliberations did not apply and that the evidence of juror misconduct was sufficient to warrant a new trial. We disagree. Rule…
2Cases cited28 opinions
- McDonough Power Equipment, Inc. v. GreenwoodSupreme Court of the United States · 1984
- Tanner v. United StatesSupreme Court of the United States · 1987
- Clark v. United StatesSupreme Court of the United States · 1933
- McDonald v. PlessSupreme Court of the United States · 1915
- Arthur Wayne Carson, Cross-Appellee v. Officer Polley, Cross-AppellantsCourt of Appeals for the Fifth Circuit · 1982
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3Cited by49 opinions
- Pena-Rodriguez v. ColoradoSupreme Court of the United States · 2017
- State v. MaestasUtah Supreme Court · 2012
- Warger v. ShauersSupreme Court of the United States · 2014
- Lee Carrell v. United States (Revised Version)District of Columbia Court of Appeals · 2017
- United States v. VillarCourt of Appeals for the First Circuit · 2009
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