United States First Circuit

Conviction of defendant for drug conspiracy crimes is affirmed where: 1) although district court erred in instructing the jurors that they could discuss the case among themselves during the trial, before formal deliberations commenced, a showing of prejudice is necessary to justify a new trial based on premature jury discussions and, before the issue of prejudice can be addressed, the defendant must show that such discussions in fact occurred; 2) defendant is not entitled to a new trial on the claim of premature jury discussions as the record is silent on whether the jurors engaged in discussion of the case during the trial; and 3) there is no reversible error in the suppression and evidentiary rulings that defendant disputes.

Appellate Information

• Decided 08/04/2010
• Published 08/04/2010

Judges

• LIPEZ

Court

• United States First Circuit

Counsel

• For Appellant:
  
• James L. Sultan, Kelly Begg Lawrence