To: calcowgirl; Kenny Bunk
I disagree with you as to whether there was "lots of interaction between judge and jury." Although the notes are sealed now, they will be available to the 5th circuit and can unsealed by the 5th. From looking at the docket sheet, I feel confident in following: 1) Doc#141- Jury asking to retire for day; 2) Doc #143-Jury asking for read back of testimony; 3) Doc# 145-Jury asking to retire for day; 4) Doc #147- jury notifying court it has a verdict. The only one I have any doubt about is #143 but it looks like to me that after thinking overnight that some jurors wanted their memories refreshed on testimony they considered important by them. Not unusual. In fact, I have cases where the jury has requested read backs several times during deliberations. The number of jury notes to the judge are actually on the low side considering the length of the trial and 3 days of deliberation. I just finished a case last month on a 1 week jury trial where the jury asked for 6 read backs in 1 1/2 days of deliberation.(they couldn't agree on the testimony) It does not appear to me that the jury notified the judge that it was having difficulty reaching a verdict or that it was deadlocked. It also does not appear that the judge gave the jury an additional charge such as a dynamite charge which would be helpful in the error alleged regarding the 3 jurors. BTW jury notes are normally sealed at this point of the appeal.
posted on 02/10/2007 4:20:26 PM PST
I disagree with you ... I feel confident
Well, I feel confident that when it comes to this subject, you know a whole lot more than me! I will defer to your take, with one question that doesn't make sense to me.
Why would the court SEAL jury requests to retire for the day? Or any purely administrative matter? I would think they would seal the jury instructions long before they would seal anything like that (which they didn't).
posted on 02/10/2007 5:56:27 PM PST
("Liberalism is just Communism sold by the drink." P. J. O'Rourke)
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