U.S. v. Eldridge, 77-5371
| Decision Date | 13 March 1978 |
| Docket Number | No. 77-5371,77-5371 |
| Citation | 569 F.2d 319 |
| Parties | UNITED STATES of America, Plaintiff-Appellee, v. Early D. ELDRIDGE, Defendant-Appellant. Summary Calendar. * |
| Court | U.S. Court of Appeals — Fifth Circuit |
Robert M. Blackmon, Corpus Christi, Tex. (Court-appointed), for defendant-appellant.
J. A. Canales, U. S. Atty., John M. Potter, George A. Kelt, Jr., Asst. U. S. Attys., Houston, Tex., Robert A. Berg, Asst. U. S. Atty., Corpus Christi, Tex., James R. Gough, Asst. U. S. Atty., Houston, Tex., for plaintiff-appellee.
Appeal from the United States District Court for the Southern District of Texas.
Before RONEY, GEE and FAY, Circuit Judges.
Appellant Eldridge was convicted by a jury of possessing 205 pounds of marijuana with intent to distribute, 21 U.S.C. § 841(a)(1). He was sentenced to three years imprisonment and a three-year special parole term.
Eldridge's jury was selected on March 9, 1977, and directed to return for trial on March 23. Eldridge moved to quash the jury panel on various grounds, one of which was that possibly a juror might serve on other juries before his trial. The motion was overruled, the court advising counsel that he could develop a record on the issue at the time of trial. Trial was twice continued on motions by appellant and did not begin until June 6, 1977. When it did begin, Eldridge voiced no further objection to juror or panel and sought to make no record. The jury convicted, and now he seeks to raise the foregoing objection on appeal, grounding it in a letter signed by a deputy clerk and attached to his brief. This letter avers that four of Eldridge's jurors did interim service in a somewhat similar case. 1
Defendant's failure to call the court's attention to this matter at trial when he had been given leave to do so and told that this would be the time to go into it, 2 to make any record, or object in any manner waived the point. Cf. Wainwright v. Sykes, 433 U.S. 72, 97 S.Ct. 2497, 53 L.Ed.2d 594 (1977).
Since Eldridge's sole issue was not properly preserved for appeal, we affirm the judgment below.
AFFIRMED.
* Rule 18, 5 Cir.; see Isbell Enterprises, Inc. v. Citizens Casualty Co. of New York et al., 5 Cir., 1970, 431 F.2d 409, Part I.
1 In which, it also asserts, there was an acquittal. See United States v. Mutchler, 559 F.2d 955 (5th Cir. 1977), opinion amended, 566 F.2d 1044 (5th Cir. Sept. 21, 1977); United States v. Jefferson, 569 F.2d 260 (5th Cir. 1978).
2 When the objection was made at voir dire, the judge stated:
I will give you opportunity to prove your record at the time of trial. Right now I don't...
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U.S. v. Price
...jury service for appellate review, the defendant need not comply with the requirements of 28 U.S.C. § 1867. 16 See United States v. Eldridge, 569 F.2d 319 (5th Cir. 1978); United States v. Jefferson, 569 F.2d 260 (5th Cir. III. MERITS Both defendants contend that the trial court committed r......
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U.S. v. Gay
...States v. Capua, 656 F.2d 1033, 1036 (5th Cir.1981); United States v. Garza, 574 F.2d 298, 303-04 (5th Cir.1978); United States v. Eldridge, 569 F.2d 319, 320 (5th Cir.), cert. denied, 436 U.S. 929, 98 S.Ct. 2827, 56 L.Ed.2d 773 (1978). Gay's and Porter's failure to request supplemental voi......
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U.S. v. Carranza, 77-1498
...in United States v. Price, 573 F.2d 356 (5th Cir. 1978), and United States v. Garza, 574 F.2d 298 (5th Cir. 1978). United States v. Eldridge, 569 F.2d 319 (5th Cir. 1978), held that an objection to the jury on the basis of interim service was waived because not timely A review of the cases ......
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U.S. v. Capua
...Only such a request triggers the duty of the trial court to conduct the supplemental voir dire. Id. at 303-04; United States v. Eldridge, 569 F.2d 319 (5th Cir.), cert. denied, 436 U.S. 929, 98 S.Ct. 2827, 56 L.Ed.2d 773 (1978); United States v. Price, 573 F.2d at 363 & We assume, for purpo......