United States v. Rodriguez

THOMPSON, Circuit Judge.

Before the ink could dry on its verdict convicting Carlos Rodriguez of being a felon in possession of a firearm, the trial judge learned that a pocket-sized New Testament Bible was found in the jury deliberation room. The judge promptly notified Rodriguez’s counsel of the discovery and he immediately filed a motion for a new trial. In his motion, counsel argued that the Bible’s presence in the jury room violated Rodriguez’s Sixth Amendment right to a trial before an impartial jury and his Sixth Amendment right to confront the witnesses against him. To determine what…