United States Second Circuit

District court's ex parte response to a message from the jury was inappropriate, substantially erroneous and prejudicial to defendant. The court failed to respond to the message of deadlock, choosing only to advise that the division of the jury should not have been reported; the standard governing further deliberation simply was not provided.

Appellate Information

• Decided 01/29/2004
• Published 01/29/2004

Judges

• MINER, Circuit Judge., Before:  CARDAMONE, MINER and CALABRESI, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Tracy W. Young, New York, N.Y. (Lisa Scolari, on the brief), for Defendant-Appellant., Jeffrey A. Udell, Assistant United States Attorney for the Southern District of New York, New York, N.Y. (Christopher J. Clark, Assistant United States Attorney, of counsel;  James B. Comey, United States Attorney, on the brief), for Appellee.