DOWNTON

v.

OHIO

Citator

Cited By

• United States v. Parodi, 703 F.2d 768 (4th Cir. 1983)
  …s, the prosecution 1,381 and the three defense counsel 3,330. This was overmuch participation by the district judge and required reversal of the conviction in that case. See United States v. Mahler, 579 F. 2d 730, 736-37 (2d Cir.1978), cert. denied, 439 U.S. 872, 99 S.Ct. 205, 58 L.Ed.2d 184. . United States v. Robinson, supra, 635 F. 2d at 984. . Vigil says that it is doubtful that such a statement of counsel, even if made in the presence of counsel for the co-defendant and not disavowed by him, meets th…
• United States v. Jones, 763 F.2d 518 (2d Cir. 1985)
  …ants and its determination that there had in fact been no such prejudice, we found that the violation of Rule 24(c) did not constitute reversible error. 701 F. 2d at 1061; see also United States v. Mahler, 579 F. 2d 730, 737 (2d Cir.), cert. denied, 439 U.S. 872, 991, 99 S.Ct. 205, 592, 58 L.Ed.2d 184, 666 (1978). Although Hillard was decided on somewhat different facts, its holding that a Rule 24(c) violation does not require reversal absent a showing of prejudice applies here. Hence, in order to determi…
• Cabral v. Sullivan, 961 F.2d 998 (1st Cir. 1992)
  …onsider its verdict,” as a mandatory requirement. United States v. Hayutin, 398 F. 2d 944, 950 (2d Cir.), cert. denied, 393 U.S. 961, 89 S.Ct. 400, 21 L.Ed.2d 374 (1968).4 See also United States v. Mahler, 579 F. 2d 730, 737 (2d Cir.), cert. denied, 439 U.S. 872, 99 S.Ct. 205, 58 L.Ed.2d 184 (1978). The Ninth Circuit has also concurred with the Second and Fourth Circuits in holding that [wjhen, as here, an alternate juror is permitted to participate in the jury’s deliberations after the original jury has r…