Legal Opinion

United States v. Dioguardi

District Court, S.D. New York

Decided July 18, 1973No. 71 Cr. 558PublishedCited by 10 opinions

1Opinion of the Court

EDELSTEIN, Chief Judge.

OPINION

Defendants John Dioguardi and Louis Ostrer were indicted on May 27, 1971, and brought to trial on January 4, 1973, for conspiring to violate and for violating the federal securities laws 1 and regulations 2 and the federal mail fraud statute. 3 On January 26, 1973, after three days of deliberations, a jury returned verdicts of guilty against both defendants. 4 Defendants have now moved for a new trial, pursuant to F.R. Cr.P. 33, 5 on the ground that one of the jurors suffered from “a mental infirmity making her incapable of rendering efficient jury service”…

2Cases cited75 opinions

  1. Remmer v. United StatesSupreme Court of the United States · 1954
  2. Schlagenhauf v. HolderSupreme Court of the United States · 1965
  3. Clyde Mattox v. United StatesSupreme Court of the United States · 1892
  4. Holt v. United StatesSupreme Court of the United States · 1910
  5. Hyde v. United StatesSupreme Court of the United States · 1912

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3Cited by10 opinions

  1. Fed. Sec. L. Rep. P 94,534 United States of America v. John Dioguardi and Louis OstrerCourt of Appeals for the Second Circuit · 1974
  2. United States v. Eddie C. Allen, Rosa Lee White and Andrew Preston PerkinsCourt of Appeals for the Fifth Circuit · 1979
  3. Pruett v. StateSupreme Court of Arkansas · 1985
  4. Commonwealth v. SyreSuperior Court of Pennsylvania · 1985
  5. United States v. Berry A. MauldinCourt of Appeals for the Eighth Circuit · 1983

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