LESER ET AL.

v.

UNITED STATES

Citator

Cited By (19 total)

• United States v. Phillips, 664 F.2d 971 (5th Cir. 1981)
  …f a disabled juror after deliberations have begun has been approved if the defendant stipulates to such substitution. United States v. Evans, supra, 635 F. 2d 1124; Leser v. United States, 358 F. 2d 313, 317 (9th Cir.), petition for cert, dismissed, 385 U.S. 802, 87 S.Ct. 10, 17 L.Ed.2d 49 (1966). Failure to discharge alternate jurors, if the alternates had been separated from the jury while deliberating and at no time had been in contact with the deliberating jury, has been held not to be prejudicial, reve…
• United States v. Foster, 711 F.2d 871 (9th Cir. 1983)
  …ce a regular juror shall be discharged after the jury retires to consider its verdict.” This court has held that the provisions of the rule may be waived by stipulation. Leser v. United States, 358 F. 2d 313, 317-318 (9th Cir.1966), cert. dismissed, 385 U.S. 802, 87 S.Ct. 10, 17 L.Ed.2d 49 (1966). In this case, the appellants unconditionally waived the discharging of the first two alternate jurors and stipulated that, for good cause, an alternate could be substituted after deliberations had begun. Each app…
• United States v. Wilton Chatman, 584 F.2d 1358 (4th Cir. 1978)
  …Cir.), cert. denied, 393 U.S. 961, 89 S.Ct. 400, 21 L.Ed.2d 374 (1968); United States v. Nash, 414 F. 2d 234 (2 Cir.), cert. denied, 396 U.S. 940, 90 S.Ct. 375, 24 L.Ed.2d 242 (1969); and Leser v. United States, 358 F. 2d 313 (9 Cir.), cert. denied, 385 U.S. 802, 87 S.Ct. 10, 17 L.Ed.2d 49 (1966). In 2 C. Wright, Federal Practice and Procedure § 388 at 52 (1969), it is stated, “it is reversible error, even though defendant may have consented, to permit an alternate to stay with the jury after they have reti…