The Oyez Project: Criminal Procedure Issues - Extra-Legal Jury Influences Arguments

Arthur Andersen LLP v. United States - Oral Argument

Wed, 27 Apr 2005 12:00:00 -0500

As Enron's financial difficulties became public in 2001, Arthur Andersen instructed its employees to destroy Enron-related documents. This was consistent with Andersen's document retention policy. The government later charged Andersen for violating federal law, which made it a crime to "knowingly...corruptly persuade another person" to "withold" or "alter" documents in an "offical proceeding." The federal jury found Andersen guilty. The company appealed, arguing the jury instructions failed to convey the elements of a "corrupt persuasion" conviction - specifically, that a "consciousness of wrongdoing" was required. The Fifth Circuit affirmed the conviction.

California v. Brown - Oral Argument

Tue, 02 Dec 1986 12:00:00 -0500

No details yet.

Carella v. California - Oral Argument

Wed, 26 Apr 1989 12:00:00 -0500

No details yet.

Chandler v. Florida - Oral Argument

Wed, 12 Nov 1980 12:00:00 -0500

Two Miami Beach police officers were charged with burglarizing a local restaurant. Their trial gained much media attention. Local television stations televised a small portion of the trial, thanks to a recent Florida Supreme Court decision which permitted (with certain restrictions) electronic media to record judicial proceedings. Officers Chandler and Granger objected to the coverage and were found guilty as charged.

Connecticut v. Johnson - Oral Argument

Wed, 13 Oct 1982 12:00:00 -0500

No details yet.

Estelle v. Williams - Oral Argument

Tue, 07 Oct 1975 12:00:00 -0500

No details yet.

Estelle, Warden v. Mcguire - Oral Argument

Wed, 09 Oct 1991 12:00:00 -0500

No details yet.

Francis v. Franklin - Oral Argument

Wed, 28 Nov 1984 12:00:00 -0500

No details yet.

Gannett Co. v. DePasquale - Oral Argument

Tue, 07 Nov 1978 12:00:00 -0500

Two suspects charged with murder, robbery, and grand larceny requested that the public be excluded from a pre-trial hearing concerning the admissibility of evidence. They argued that an "unabated buildup" of adverse publicity had jeopardized their ability to receive a fair trial. The request was granted by the judge, and no objections were made at the time. The judge then denied press access to the pre-trial hearing and refused to immediately release the transcript of the proceedings. The case was argued and decided with Marshall, Secretary of Labor v. American Petroleum Institute et al.

Gray v. Mississippi - Oral Argument

Wed, 12 Nov 1986 12:00:00 -0500

No details yet.

Henderson v. Kibbe - Oral Argument

Tue, 01 Mar 1977 12:00:00 -0500

No details yet.

Holbrook v. Flynn - Oral Argument

Tue, 14 Jan 1986 12:00:00 -0500

No details yet.

Holland v. Illinois - Oral Argument

Wed, 11 Oct 1989 12:00:00 -0500

No details yet.

James v. Kentucky - Oral Argument

Tue, 28 Feb 1984 12:00:00 -0500

No details yet.

Kelly v. South Carolina - Oral Argument

Mon, 26 Nov 2001 12:00:00 -0500

After convicting William Kelly for murder, a South Carolina jury was asked to determine whether any aggravating factors had been shown and, if so, to recommend a sentence of death or life imprisonment. During sentencing, the prosecutor presented testimony that Kelly had taken part in an escape attempt with plans to hold a female guard hostage; provided evidence of Kelly's sadism and his desires to kill anyone who irritated him; and spoke of Kelly as a "butcher," "bloody," and "dangerous." Relying on the holding of Simmons v. South Carolina, 512 U.S. 154, that when "a capital defendant's future dangerousness is at issue, and the only sentencing alternative to death...is life imprisonment without possibility of parole, due process entitles the defendant 'to inform the jury of [his] parole ineligibility,'" Kelly's counsel requested a jury instruction stating that Kelly would be ineligible for parole if he received a life sentence. In refusing, the trial court said that the State's evidence went to Kelly's character and characteristics, not to future dangerousness. The jury recommended a death sentence. In affirming the sentence, the State Supreme Court held Simmons inapposite because state law provided the jury with a third sentencing alternative and future dangerousness was not at issue.

Koehler v. Engle - Oral Argument

Tue, 28 Feb 1984 12:00:00 -0500

No details yet.

Lockhart v. McCree - Oral Argument

Mon, 13 Jan 1986 12:00:00 -0500

During the capital trial of Ardia McCree, a judge removed prospective jurors who stated that under no circumstances would they be able to impose the death penalty. The Eighth Circuit Court of Appeals found that the judge's actions violated the Sixth and Fourteenth Amendments of the Constitution. A.L. Lockhart, the director of the Arkansas Department of Correction, appealed this decision to the Supreme Court.

Louie L. Wainwright, Secretary, Florida, Dept of Corrections v. Johnny Paul Witt - Oral Argument

Tue, 02 Oct 1984 12:00:00 -0500

No details yet.

Morgan v. Illinois - Oral Argument

Tue, 21 Jan 1992 12:00:00 -0500

No details yet.

Mu'min v. Virginia - Oral Argument

Wed, 20 Feb 1991 12:00:00 -0500

No details yet.

Neder v. United States - Oral Argument

Tue, 23 Feb 1999 12:00:00 -0500

In the mid-1980's, Ellis E. Neder, Jr., engaged in a number of real estate transactions financed by fraudulently obtained bank loans and schemes involving land development fraud. He was indicted on numerous counts of federal mail fraud, wire fraud, bank fraud and of filing false federal income tax returns. At trial, the District Court instructed the jury that, to convict on the bank and tax offenses, it did not need to consider the materiality of any false statements, or whether Neder's actions, in fact, caused others to be defrauded. In instructing the jury on mail and wire fraud, the court did not include materiality as an element of either offense. Neder objected. Thereafter, Neder was convicted of filing false federal income tax returns and of federal mail fraud, wire fraud, and bank fraud. In affirming, the Court of Appeals held that the court erred in failing to submit the materiality element of the tax offense to the jury. However, under harmless-error analysis, the appeals court concluded the error was harmless because the error "'did not contribute to the verdict obtained." The appeals court also determined that materiality is not an element of mail fraud, wire fraud, and bank fraud. Thus, the District Court did not err in failing to submit materiality to the jury.

Patton v. Yount - Oral Argument

Tue, 28 Feb 1984 12:00:00 -0500

No details yet.

Riggins v. Nevada - Oral Argument

Wed, 15 Jan 1992 12:00:00 -0500

No details yet.

Ristaino v. Ross - Oral Argument

Tue, 09 Dec 1975 12:00:00 -0500

No details yet.

Ristaino v. Ross - Oral Argument, Part 1

Mon, 08 Dec 1975 02:00:00 -0500

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Ristaino v. Ross - Oral Argument, Part 2

Mon, 08 Dec 1975 02:00:00 -0500

No details yet.

Rosales-Lopez v. United States - Oral Argument

Mon, 12 Jan 1981 12:00:00 -0500

No details yet.

Rose v. Clark - Oral Argument

Mon, 24 Mar 1986 12:00:00 -0500

No details yet.

Ross v. Oklahoma - Oral Argument

Tue, 19 Jan 1988 12:00:00 -0500

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Ross v. Oklahoma - Oral Reargument

Mon, 18 Apr 1988 12:00:00 -0500

No details yet.

Shafer v. S. Carolina - Oral Argument

Tue, 09 Jan 2001 12:00:00 -0500

Wesley Aaron Shafer, Jr., was found guilty of murder, among other things. During the sentencing phase, Shafer's counsel argued that Simmons v. South Carolina required the trial judge to instruct the jury that under South Carolina law a life sentence carries no possibility of parole. The U.S. Supreme Court held in Simmons that where a capital defendant's future dangerousness is at issue, and the only sentencing alternative to death available to the jury is life imprisonment without possibility of parole, due process requires that the jury be informed of the defendant's parole ineligibility. The prosecution responded that because the state did not plan to argue to the jury that Shafer would be a danger in the future that no Simmons instruction was required. During deliberations, the jury asked under what conditions someone convicted of murder could become available for parole. The trial judge stated that parole eligibility or ineligibility was not a matter for the jury's consideration. Ultimately, the jury recommended the death penalty and the judge imposed the sentence. In affirming, the South Carolina Supreme Court held that Simmons generally did not apply to the State's sentencing scheme because an alternative to death other than life without the possibility of parole exists.

Shannon v. United States - Oral Argument

Tue, 22 Mar 1994 12:00:00 -0500

No details yet.

Sheppard v. Maxwell - Oral Argument

Mon, 28 Feb 1966 12:00:00 -0500

After suffering a trial court conviction of second-degree murder for the bludgeoning death of his pregnant wife, Samuel Sheppard challenged the verdict as the product of an unfair trial. Sheppard, who maintained his innocence of the crime, alleged that the trial judge failed to protect him from the massive, widespread, and prejudicial publicity that attended his prosecution. On appeal from an Ohio district court ruling supporting his claim, the Sixth Circuit Court of Appeals reversed. When Sheppard appealed again, the Supreme Court granted certiorari.

Simmons v. South Carolina - Oral Argument

Tue, 18 Jan 1994 12:00:00 -0500

No details yet.

Sullivan v. Louisiana - Oral Argument

Mon, 29 Mar 1993 12:00:00 -0500

No details yet.

Taylor v. Kentucky - Oral Argument

Mon, 27 Mar 1978 12:00:00 -0500

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Turner v. Murray - Oral Argument

Thu, 12 Dec 1985 12:00:00 -0500

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United States v. Gaudin - Oral Argument

Mon, 17 Apr 1995 12:00:00 -0500

No details yet.

Victor v. Nebraska - Oral Argument

Tue, 18 Jan 1994 12:00:00 -0500

No details yet.

Weeks v. Angelone - Oral Argument

Mon, 06 Dec 1999 12:00:00 -0500

Lonnie Weeks, Jr., was found guilty of capital murder in the death of Virginia State Trooper Jose Cavazos. During the penalty phase of his trial, the prosecution sought to prove two aggravating circumstances. Weeks' defense presented 10 witnesses in mitigation. During deliberations, the jurors sent the trial judge a note asking whether, if they believed Weeks guilty of at least one of the aggravating circumstances, it was their duty to issue the death penalty, or whether they must decide whether to issue the death penalty or a life sentence. In responding, the trial judge only referred the jury to their instructions, which stated: "If you find from the evidence that the Commonwealth has proved, beyond a reasonable doubt, either of the two [aggravating circumstances], and as to that alternative, you are unanimous, then you may fix the punishment...at death, or if you believe from all the evidence that the death penalty is not justified, then you shall fix the punishment...at life imprisonment." The defense counsel objected, arguing for the judge to instruct the jury it could find one or both of the aggravating circumstances and still impose a life sentence. In finding one of the aggravating circumstances and after considering the evidence in mitigation, the jury returned a unanimous verdict fixing Weeks' punishment at death. On appeal to the Virginia Supreme Court, Weeks' presented 47 assignments of error, of which his assignment of error respecting the judge's answering the jury's question about mitigating circumstances was number 44. The court affirmed Weeks' conviction and sentence. Weeks' petition for federal habeas relief was ultimately denied.

Yates v. Evatt - Oral Argument

Tue, 08 Jan 1991 12:00:00 -0500

No details yet.