US v. PETERS, 02-41176
District court's judgment, convicting defendants of knowingly operating a defective and damaged wastewater tank in violation of the Clean Air Act, making a false writing as to material matters within the jurisdiction of the Environmental Protection Agency, and conspiracy to make the false writing is reversed and remanded for a new trial where judge's ex parte communications with the jury foreperson were reversible error.
- Decided 10/31/2003
- Published 10/31/2003
PATRICK E. HIGGINBOTHAM, Circuit Judge:, Before KING, Chief Judge, and HIGGINBOTHAM and BARKSDALE, Circuit Judges.
United States Fifth Circuit
David S. Krakoff (argued), Robert Seth Brager, Ilana Zehava Sultan, Beveridge & Diamond, Washington, DC, for Peters., John G. Kester (argued), Paul C. Rauser, Marcie Robin Ziegler, Williams & Connolly, Washington, DC, for Jackson.
Todd Steven Aagaard (argued), Ellen J. Durkee, U.S. Dept. of Justice, Environment & Natural Resources Div., Washington, DC, Joseph R. Batte, Asst. U.S. Atty., Beaumont, TX, Wesley D. Rivers, Asst. U.S. Atty., Tyler, TX, for Plaintiff-Appellee.