· 10/19/2001
Shawn Manning v. Stephen Huffman, Warden
Citations
- 269 F.3d 720
- 2001 U.S. App. LEXIS 22509
- 2001 WL 1245836
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a presumption of prejudice was appropriate in a habeas case where an alternate juror participated in jury deliberations, even absent evidence that the error affected the jury’s deliberations and its verdict
- noting that the Olano Court made it \quite clear\ that in some situations a presumption of prejudice is appropriate and concluding that an alternate juror's participation in deliberations was sufficient to show prejudice
- noting that \several state and federal courts have held that [a] defendant may establish prejudice simply by showing that alternates actually participated in jury deliberations\
- noting that the Olano court made it \quite clear\ that in some situations a presumption of prejudice is appropriate and concluding that an alternate juror's participation in deliberations was sufficient to show prejudice
- noting that the Olano court made it “quite clear” that in some situations a presumption of prejudice is appropriate and concluding that an alternate juror’s participation in deliberations was sufficient to show prejudice
- evidence that an alternate juror actively participated in jury deliberations, including an instruction to the alternate to “‘take part in the discussions and deliberations,’” was sufficient to demonstrate prejudice
Source: CourtListener parenthetical corpus (CC0).
Judges: Martin, Jones, Cole
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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