Reed v. United States, 86-5211
Decision Date | 10 November 1986 |
Docket Number | No. 86-5211,86-5211 |
Parties | John REED v. UNITED STATES |
Court | U.S. Supreme Court |
On petition for writ of certiorari to the United States Court of Appeals for the Second Circuit.
The petition for a writ of certiorari is denied.
In this case, the District Court permitted a thirteenth, alternate juror to participate in the jury's deliberations, a procedure to which petitioner's counsel stipulated. The thirteen jurors unanimously found petitioner guilty. On appeal, petitioner argued that the use of a thirteen-member jury violated Federal Rule of Criminal Procedure 24(c), that the Rule is not waivable, and that even if it is, it can only be waived by a defendant personally and not by counsel. The Court of Appeals held that petitioner, through his counsel, had waived compliance with Rule 24(c). It concluded that "[b]ecause the waiver herein was neither prejudicial nor of constitutional magnitude and was made in the presence of the defendant in open court, . . . the failure to obtain appellant's personal assent . . ., [if erroneous,] was harmless beyond a reasonable doubt." 790 F.2d 208 (CA2 1986). This decision conflicts with United States v. Virginia Erection Company, 335 F.2d 868, 870 (CA4 1964), which requires a defendant's express and personal waiver of Rule 24(c), assuming that the Rule can be waived at all. See also United States v. Chatman, 584 F.2d 1358 (CA4 1978) ( ); United States v. Beasley, 464 F.2d 468 (CA10 1972) ( ). I would grant certiorari to resolve this conflict.
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