District of Columbia Court of Appeals· 9/3/2009
Hinton v. United States
Citations
- 979 A.2d 663
- 2009 D.C. App. LEXIS 386
- 2009 WL 2778259
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that a trial court erroneously exercises its discretion where it fails “to exercise its judgment in a rational and informed manner”
- recognizing \the trial judge’s superior ability to observe the demeanor of the juror” and stating that it is not this court’s \function ... to second-guess a reasonable judgment of the trial court”
- noting that a juror’s testing of the government’s case does “not necessarily mean he disbelieved it. And even if he disbelieved it, his mind might have been changed in deliberations with his fellow jurors”
- “[R]emoving a juror because of. his views of the evidence [is] one of the principal evils against which Rule 24(e)’s restrictions are directed.”
- determining that “[tjhere are sound reasons to adhere to [the rule that a defendant should not be required to show prejudice]... when the trial court has jeopardized a defendant’s basic jury trial rights by erroneously replacing an empaneled juror with an alternate in violation of Rule 24(c)”
- “[I]f the government’s case is strong and there is no reason apparent in the record to think the erroneously removed juror (continued . . .
Source: CourtListener parenthetical corpus (CC0).
Judges: Washington, Ruiz, Reid, Glickman, Kramer, Blackburne-Rigsby, Thompson, Oberly
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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