Legal Opinion
United States v. Thomas
Court of Appeals for the Second Circuit
Decided May 20, 1997No. Nos. 23, 122, 22, 27, 109, 25, 20, 299, 72, Dockets 95-1337, 95-1338, 95-1339, 95-1347, 95-1387, 95-1406, 95-1407, 95-1416, 95-1417PublishedCited by 113 opinions
1Opinion of the Court
JOSÉ A CABRANES, Circuit Judge.
We consider here the propriety of the district court’s dismissal of a juror allegedly engaged in “nullification” — the intentional disregard of the law as stated by the presiding judge — during the course of deliberations. We address, in turn, (1) whether such alleged misconduct constitutes “just cause” for dismissal of a deliberating juror under Rule 23(b) of the Federal Rules of Criminal Procedure (“Rule 23(b)”),1 so that a jury of only eleven persons may continue to deliberate and return a verdict, and (2) what eviden-tiary standard must be met to support a…
2Cases cited39 opinions
- Batson v. KentuckySupreme Court of the United States · 1986
- Delaware v. Van ArsdallSupreme Court of the United States · 1986
- Witherspoon v. IllinoisSupreme Court of the United States · 1968
- Adams v. United States Ex Rel. McCannSupreme Court of the United States · 1943
- Adams v. TexasSupreme Court of the United States · 1980
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3Cited by113 opinions
- Johnson v. WilliamsSupreme Court of the United States · 2013
- United States v. Ramse ThomasCourt of Appeals for the Second Circuit · 2001
- United States v. BradleyCourt of Appeals for the Eleventh Circuit · 2011
- United States v. Vernon Snype, Marisa HicksCourt of Appeals for the Second Circuit · 2006
- United States v. Edwin Edwards Stephen Edwards Cecil Brown Andrew Martin Bobby JohnsonCourt of Appeals for the Fifth Circuit · 2002
108 more not listed; retrieve them via the Exa API.