Please ensure Javascript is enabled for purposes of website accessibility
Recent News
Home / Opinions / 8th U.S. Circuit Court of Appeals / 8th - Published Criminal Opinions / Procedure – Judicial Ex Parte Contact With Jurors
13-2410 U.S. v. Martin, appealed from the District of Minnesota, Murphy, J.

Procedure – Judicial Ex Parte Contact With Jurors

 

 

(1)Where defendants in a robbery and murder case challenged comments made by the District Court during an ex parte meeting between the court and jurors, the comments on high-profile cases, jury service and lawyer stereotypes could be seen as presumptively prejudicial, but any violation was harmless, and the District Court also did not err in admitting a stipulation knowingly and voluntarily made by a defendant as to his Indian status.

(2)Where a defendant in a robbery and murder case challenged the denial of his motion to sever his trial from that of his co-defendants, the denial was not an abuse of discretion because the defendant did not show that there was a conflict between his defense and those of the co-defendants, and the verdicts showed that the jury was able to consider the evidence separately against each defendant despite the complexities of the case, and the convictions are affirmed over the defendants’ remaining challenges to the instructions and sentencing. Judgment is affirmed.

 

13-2410 U.S. v. Martin, appealed from the District of Minnesota, Murphy, J.


Leave a Reply