UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
v.
CARLTON ELLIS ALLISON ET AL., DEFENDANTS-APPELLANTS
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The court held that the trial judge's procedures and standards complied with the remand directions and affirmed the district court's conclusion that the alternate juror's presence did not affect the verdict.
This case was remanded for a hearing to determine if an alternate juror's presence during deliberations affected the verdict. The trial judge conducte…
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PER CURIAM:
This Dyer Act ease was remanded to the district court for a limited posLtrial hearing to determine whether there is a reasonable possibility that the presence of the alternate juror during the jury’s deliberations affected the jury’s verdict. The factual circumstances requiring the remand order and the directions given to the district court for an evidentiary hearing appear in our prior opinion, United States v. Allison, etc., 5 Cir. 1973, 481 F. 2d 468.
The trial judge has conducted an evi-dentiary hearing, the transcript thereof and the court’s findings and conclusions have been certified to us. The parties were requested to but have declined to file briefs on the remand issue. In the hearing each juror and the alternate was interrogated out of the presence of the other jurors. Following the hearing the trial judge entered an order containing detailed findings of fact and conclusions of law.
The procedures followed by the trial judge and the standards employed by him complied with our remand directions. We find no error in the trial judge’s conclusion that there is no reasonable possibility that the presence of the alternate juror during the jury’s deliberations affected the verdict.
The findings and conclusions of the district court on remand are affirmed. This requires that the convictions be, and they hereby are
Affirmed.
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Sotola v. State, 436 So. 2d 1001 (Fla. 5th DCA 1983)
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United States v. Phillips, 664 F.2d 971 (5th Cir. 1981)
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United States v. Rubio, 727 F.2d 786 (9th Cir. 1983)
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- United States v. Carlton Ellis Allison, 481 F.2d 468 (5th Cir. 1973)