United States v. Goliday, 72-1445
Decision Date | 18 October 1972 |
Docket Number | 72-1446.,No. 72-1445,72-1445 |
Parties | UNITED STATES of America, Plaintiff-Appellee, v. Anderson Jeff GOLIDAY, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Julia Ann LACEFIELD, Defendant-Appellant. |
Court | U.S. Court of Appeals — Ninth Circuit |
Matthew N. Lees (argued), Benjamin F. Rayborn, John J. Cleary, of Federal Defenders of San Diego, Frederic L. Link, of Goldberg & Link, San Diego, Cal., for defendants-appellants.
James W. Meyers, Asst. U. S. Atty. (argued), Catherine A. Chandler, Stephen G. Nelson, Asst. U. S. Attys., Harry D. Steward, U. S. Atty., San Diego, Cal., for plaintiff-appellee.
Before DUNIWAY and WRIGHT, Circuit Judges, and PREGERSON, District Judge.*
Goliday and Lacefield were jointly tried and convicted, under two counts of an indictment charging them with conspiracy to import heroin (21 U.S.C. § 963) and importing heroin (21 U.S.C. §§ 952, 960 and 963). Each appeals.
In No. 72-1446, Lacefield argues that the evidence is insufficient to sustain the verdict. We have examined it carefully, and we agree.
In No. 72-1445, Goliday makes the same argument. In his case, however, we find the evidence sufficient.
Goliday argues that he was improperly cross-examined by Lacefield's counsel about his prior convictions. The cross-examination was proper.
Goliday's most serious contention is that misconduct of a juror requires a reversal. After the case had been submitted to the jury, the members were permitted to separate for the weekend. When they reassembled, one juror revealed that she had discussed the case at home. This was later reported to the trial judge, who held a hearing to determine what had happened. The government produced a number of jurors to testify. The juror in question testified that all that she did was put one hypothetical question to her son.1 The other jurors were very vague about what their fellow juror told them that she had done, but they were unanimous in testifying that it did not affect their verdict. Some said that various of the jurors criticized her for what she had done.
The government recognizes that it has a heavy burden to show that what happened did not prejudice the defendant. Remmer v. United States, 1954, 347 U.S. 227, 74 S.Ct. 450, 98 L.Ed. 654. It argues that it met that burden here. We have examined the testimony taken at the hearing and we agree.
The trial judge saw and heard the witnesses, including the juror in question. He was in a better position than we are to determine whether what happened was prejudicial.
In No. 72-1446, the judgment is reversed with directions to dismiss the charges as to Lacefield.
In No. 72-1445, the judgment is affirmed.
* Honorable Harry Pregerson, United States District Judge, Central District of California, sitting by designation.
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