United States Seventh Circuit
AGNEW v. LEIBACH, 98-3659
When the bailiff's contact with the jury is extensive and testimony by the bailiff as a witness addresses substantive issues of the defendant's guilt, the presumption of prejudice against the defendant warrants a mistrial.
Appellate Information
- Argued 01/18/2001
- Decided 05/21/2001
- Published 05/21/2001
Judges
- ILANA DIAMOND ROVNER, Circuit Judge., Before CUDAHY, KANNE and ROVNER, Circuit Judges.
Court
- United States Seventh Circuit
Counsel
- For Appellant:
- John A. Rupp (Argued), Elmhurst, IL, for Petitioner-Appellant.
- For Appellees:
- David H. Iskowich, Office of the Attorney General, Criminal Appeals Division, Chicago, IL, Lisa A. Smith (Argued), Office of the Attorney General, Chicago, IL, for Respondents-Appellees.