UNITED STATES STEEL CORP.

v.

GIGUERE

Citator

Cited By (22 total)

• Jones v. State, 452 So. 2d 643 (Fla. 4th DCA 1984)
  …lve-person jury after intelligent and deliberate discussion in open court satisfies rule 23(b) [Federal Rules of Criminal Procedure] and passes constitutional muster.” Id. at 965 (citing Horne v. United States, 264 F. 2d 40 (5th Cir.), cert. denied, 360 U.S. 934, 79 S.Ct. 1460, 3 L.Ed.2d 1549 (1959)). However, two aspects of Spiegel bear significantly on its application to the present case. First, Spiegel involved a written stipulation waiving the requirement of twelve jurors, whereas here there was no writ…
• Bayless v. United States, 381 F.2d 67 (9th Cir. 1967)
  …reement to be tried by a jury of fewer than twelve jurors be in writing. In Rogers v. United States, 319 F. 2d 5 (CA 7,1963), cert. den. 375 U.S. 989, 84 S.Ct. 524, 11 L.Ed.2d 475, and in Horne v. United States, 264 F. 2d 40 (CA 5, 1959), cert, den. 360 U.S. 934, 79 S.Ct. 1460, 3 L.Ed.2d 1549, it has been held that an oral agreement in open court is sufficient to validate a trial with such a jury. In the instant case the appellant, in order to obtain a substantial advantage for himself, knowingly and intell…
• United States v. Spiegel, 604 F.2d 961 (5th Cir. 1979)
  …anc), cert. denied, 419 U.S. 1048, 95 S.Ct. 623, 42 L.Ed.2d 642 (1974). Precedent in our own circuit leaves us in some doubt as to which of the above lines of cases we should follow. In Horne v. United States, 264 F. 2d 40 (5th Cir.), cert. denied, 360 U.S. 934, 79 S.Ct. 1460, 3 L.Ed.2d 1549 (1959), a collateral proceeding under 28 U.S.C. § 2255, defendant was held to have waived his right to twelve jurors through acts of his counsel, who first agreed to begin trial without alternate jurors, then stipulate…