United States Fourth Circuit

Defendant, who failed to object to the presence of an alternate juror during deliberations, was not entitled to a new trial, where presence of additional juror did not seriously affect the fairness of judicial proceedings, or result in a miscarriage of justice.

Appellate Information

• Argued 12/06/2001
• Decided 02/07/2002
• Published 02/07/2002

Judges

• Before WILKINSON, Chief Judge, and MICHAEL and TRAXLER, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Garrett Michael Heenan, Arnold & Porter, Washington, DC, for Appellant.  John Castle Parr, Assistant United States Attorney, Charleston, WV, for Appellee.   ON BRIEF:  Charles T. Miller, United States Attorney, John K. Cecil, Third-Year Law Student, William Crichton, VI, Third-Year Law Student, Charleston, WV, for Appellee.