United States v. Martin P. Rutherford Nanja Rutherford

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• recognizing that the presence of a large number of IRS agents and other government agents at trial that were allegedly glaring at the jury may have intimidated the jury even if that was not the agents’ intentions
• explaining that in determining whether the presumption of prejudice should apply, courts do not look to the intent of the individual alleged to have tampered with the jury, but rather to the jurors’ perceptions of the conduct at issue”
• finding testimony 27 regarding a jury’s consideration of the defendant’s failure to testify to “not concern facts bearing 28 on extraneous or outside influences on the deliberation”
• considering juror affidavits including claims that the jury felt intimidated by police officers’ glares
• noting that Remmer does not apply in cases involving instances of “more prosaic kinds of jury 1 The record is unclear as to whether Juror Number 9 or her husband received the phone call at issue. This discrepancy does not affect our analysis. 5 misconduct” (citation omitted)
• stating, “evidence regarding any influence that such improper conduct or contacts had on the jurors’ abilities to fairly and impartially receive the evidence, listen to the testimony presented, and the judge’s instructions is also admissible”

Source: CourtListener parenthetical corpus (CC0).