United States v. Robert Costa, United States of America v. John T. Durand

How courts have described this case

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

• regarding juror misconduct claim as waived but without prejudice to its being renewed as part of an ineffective assistance of counsel claim brought under § 2255
• \[W]e are averse to considering on appeal a fact-specific matter that is best considered in the first instance by a trial court.\
• “Any other rule would allow defendants to sandbag the court by remaining silent and gambling on a favorable verdict, knowing that if the verdict went against them, they could always obtain a new trial by later raising the issue of juror misconduct.”
• where ineffective assistance claim based on alleged failure of counsel to raise issue of juror misconduct, court of appeals does not have capacity to conduct an investigation into what defendants had told their attorneys concerning such misconduct and what attorneys had said in response

Source: CourtListener parenthetical corpus (CC0).