VILLAGE OF SCHAUMBURG

v.

CITIZENS FOR A BETTER ENVIRONMENT ET AL.

Citator

Cited By (11 total)

• Lamb v. Jernigan, 683 F.2d 1332 (11th Cir. 1982)
  …the former Fifth Circuit for use by federal trial courts because it may reasonably be interpreted as shifting the burden to the accused to prove his innocence. United States v. Chiantese, 560 F. 2d 1244, 1255 (5th Cir. 1977) (en banc), cert. denied, 441 U.S. 922, 99 S.Ct. 2030, 60 L.Ed.2d 395 (1979). As to the second clause, it would be difficult to interpret it otherwise than as requiring the defendant to shoulder the burden of proof on “alleviation, excuse or justification.” Moreover, the nature of the…
• United States v. Webster, 750 F.2d 307 (5th Cir. 1984)
  …er members of the jury panel. That is precisely why we have traditionally left the manner of handling jury misconduct to the sound discretion of the trial judge. See, e.g., United States v. Chiantese, 582 F. 2d 974, 978 (5th Cir.1978), cert. denied, 441 U.S. 922, 99 S.Ct. 2030, 60 L.Ed.2d 395 (1979). In so doing, however, we have distinguished between jury panels tainted by outside influence, such as publicity or direct appeals from third parties, and panels on which one or more of the jurors themselves h…
• United States v. Yonn, 702 F.2d 1341 (11th Cir. 1983)
  …defendant’s guilt or innocence before they have heard all of the evidence, the arguments of counsel, and the court’s instructions. Winebrenner, 147 F. 2d at 328; see also United States v. Chiantese, 582 F. 2d 974, 979 (5th Cir. 1978), cert. denied, 441 U.S. 922, 99 S.Ct. 2030, 60 L.Ed.2d 395 (1979). . The defendants essentially claim that the district court’s failure to disclose the identities of the two jurors involved precluded them from knowingly and intelligently waiving the right. We note, however, t…