STEPHENS

v.

UNITED STATES

Citator

Cited By (17 total)

• United States v. Deral Gene Holman, 680 F.2d 1340 (11th Cir. 1982)
  …ants charge error in the court’s sending of a tape recording of his instructions to the jury room. Submission of written instructions is within the sound discretion of the court. Stephens v. United States, 347 F. 2d 722, 725 (5th Cir.) cert. denied, 382 U.S. 932, 86 S.Ct. 324, 15 L.Ed.2d 343 (1965); United States v. Hill, 589 F. 2d 1344, 1352 (8th Cir. 1974); United States v. Silvern, 484 F. 2d 879 (7th Cir. 1973). The recent holding of the Fifth Circuit in United States v. Watson, 669 F. 2d 1374, (5th Cir.…
• United States v. Watson, 669 F.2d 1374 (11th Cir. 1982)
  …Fifth Circuit case law held that the determination of whether or not to furnish the jury with a written copy of the instructions was a matter of discretion for the trial court. Stephens v. United States, 347 F. 2d 722, 725 (5th Cir.), cert. denied, 382 U.S. 932, 86 S.Ct. 324, 15 L.Ed.2d 343 (1965); McDaniel v. United States, 343 F. 2d 785, 789 (5th Cir.), cert. denied, 382 U.S. 826, 86 S.Ct. 59, 15 L.Ed.2d 71 (1965). This is the rule followed by other circuits. E.g., United States v. Calabrese, 645 F. 2d 1…
• United States v. Acosta, 763 F.2d 671 (5th Cir. 1985)
  …quest for additional instructions are both matters properly determined by the sound discretion of the trial judge. See United States v. Neiss, 684 F. 2d 570, 572 (8th Cir.1982); Stephens v. United States, 347 F. 2d 722, 725 (5th Cir.), cert. denied, 382 U.S. 932, 86 S.Ct. 324, 15 L.Ed.2d 343 (1965). Thus, there is no error in the district court’s refusal to submit a written charge, unless in the totality of the circumstances of the case the written response to the jury’s inquiries created an unbalanced cha…