Legal Opinion
United States v. Perry Joseph Cheramie
Court of Appeals for the Fifth Circuit
Decided October 3, 1975No. 74-3380PublishedCited by 38 opinions
1Opinion of the Court
GOLDBERG, Circuit Judge:
This case presents a challenge to the district court’s intervention during jury deliberation in defendant’s trial for violation of the Gun Control Act of 1968, 26 U.S.C. § 5861(d) and (i). While loathe to permit trial judge interference with jury responsibilities, we are careful to preserve the judge’s flexibility lest he be no more than a robed mummy presiding at trial. Here we find that the trial judge acted as an active, alert judicial moderator and not as a harmful intermeddler or totally passive observer. He filled the role of curator of justice — a task essential…
2Cases cited28 opinions
- Allen v. United StatesSupreme Court of the United States · 1896
- Bollenbach v. United StatesSupreme Court of the United States · 1946
- Brasfield v. United StatesSupreme Court of the United States · 1926
- Jenkins v. United StatesSupreme Court of the United States · 1965
- Posey v. United StatesCourt of Appeals for the Fifth Circuit · 1969
23 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- United States v. Terry Ray UptainCourt of Appeals for the Fifth Circuit · 1976
- United States v. Emanuel Barshov and James E. RossCourt of Appeals for the Eleventh Circuit · 1984
- Andre Jones v. Thomas F. Page, Warden, Menard Correctional Center, and James Ryan, Attorney General of the State of IllinoisCourt of Appeals for the Seventh Circuit · 1996
- Montoya v. ScottCourt of Appeals for the Fifth Circuit · 1995
- United States v. Fabio Alonso, Pedro Izaguirre, Robert Derringer, Julio OjedaCourt of Appeals for the Eleventh Circuit · 1984
33 more not listed; retrieve them via the Exa API.