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Prosecutors and witnesses both enjoy absolute immunity at common law. | {
"signal": "cf.",
"identifier": null,
"parenthetical": "concluding that agency officials performing functions analogous to those of a prosecutor are entitled to absolute immunity with respect to such acts",
"sentence": "Cf. Butz v. Economou, 438 U.S. 478, 515-17, 98 S.Ct. 2894, 57 L.Ed.2d 895 (1978) (concluding that agency officials performing functions analogous to those of a prosecutor are entitled to absolute immunity with respect to such acts)."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "ruling that witnesses, including police officer-witnesses, are entitled to absolute immunity from SS 1983 liability",
"sentence": "See Briscoe v. LaHue, 460 U.S. 325, 103 S.Ct. 1108, 75 L.Ed.2d 96 (1983) (ruling that witnesses, including police officer-witnesses, are entitled to absolute immunity from § 1983 liability); Imbler v. Pachtman, 424 U.S. 409, 427, 96 S.Ct. 984, 47 L.Ed.2d 128 (1976) (holding that the considerations underlying absolute prosecutorial immunity at common law “dictate the same absolute immunity under § 1983”). Absolute immunity even applies to those who prosecute and appear as witnesses in the course of an adjudication before an administrative agency."
} | 11,529,769 | b |
Prosecutors and witnesses both enjoy absolute immunity at common law. | {
"signal": "cf.",
"identifier": null,
"parenthetical": "concluding that agency officials performing functions analogous to those of a prosecutor are entitled to absolute immunity with respect to such acts",
"sentence": "Cf. Butz v. Economou, 438 U.S. 478, 515-17, 98 S.Ct. 2894, 57 L.Ed.2d 895 (1978) (concluding that agency officials performing functions analogous to those of a prosecutor are entitled to absolute immunity with respect to such acts)."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "ruling that witnesses, including police officer-witnesses, are entitled to absolute immunity from SS 1983 liability",
"sentence": "See Briscoe v. LaHue, 460 U.S. 325, 103 S.Ct. 1108, 75 L.Ed.2d 96 (1983) (ruling that witnesses, including police officer-witnesses, are entitled to absolute immunity from § 1983 liability); Imbler v. Pachtman, 424 U.S. 409, 427, 96 S.Ct. 984, 47 L.Ed.2d 128 (1976) (holding that the considerations underlying absolute prosecutorial immunity at common law “dictate the same absolute immunity under § 1983”). Absolute immunity even applies to those who prosecute and appear as witnesses in the course of an adjudication before an administrative agency."
} | 11,529,769 | b |
Prosecutors and witnesses both enjoy absolute immunity at common law. | {
"signal": "see",
"identifier": "424 U.S. 409, 427",
"parenthetical": "holding that the considerations underlying absolute prosecutorial immunity at common law \"dictate the same absolute immunity under SS 1983\"",
"sentence": "See Briscoe v. LaHue, 460 U.S. 325, 103 S.Ct. 1108, 75 L.Ed.2d 96 (1983) (ruling that witnesses, including police officer-witnesses, are entitled to absolute immunity from § 1983 liability); Imbler v. Pachtman, 424 U.S. 409, 427, 96 S.Ct. 984, 47 L.Ed.2d 128 (1976) (holding that the considerations underlying absolute prosecutorial immunity at common law “dictate the same absolute immunity under § 1983”). Absolute immunity even applies to those who prosecute and appear as witnesses in the course of an adjudication before an administrative agency."
} | {
"signal": "cf.",
"identifier": "438 U.S. 478, 515-17",
"parenthetical": "concluding that agency officials performing functions analogous to those of a prosecutor are entitled to absolute immunity with respect to such acts",
"sentence": "Cf. Butz v. Economou, 438 U.S. 478, 515-17, 98 S.Ct. 2894, 57 L.Ed.2d 895 (1978) (concluding that agency officials performing functions analogous to those of a prosecutor are entitled to absolute immunity with respect to such acts)."
} | 11,529,769 | a |
Prosecutors and witnesses both enjoy absolute immunity at common law. | {
"signal": "cf.",
"identifier": null,
"parenthetical": "concluding that agency officials performing functions analogous to those of a prosecutor are entitled to absolute immunity with respect to such acts",
"sentence": "Cf. Butz v. Economou, 438 U.S. 478, 515-17, 98 S.Ct. 2894, 57 L.Ed.2d 895 (1978) (concluding that agency officials performing functions analogous to those of a prosecutor are entitled to absolute immunity with respect to such acts)."
} | {
"signal": "see",
"identifier": "424 U.S. 409, 427",
"parenthetical": "holding that the considerations underlying absolute prosecutorial immunity at common law \"dictate the same absolute immunity under SS 1983\"",
"sentence": "See Briscoe v. LaHue, 460 U.S. 325, 103 S.Ct. 1108, 75 L.Ed.2d 96 (1983) (ruling that witnesses, including police officer-witnesses, are entitled to absolute immunity from § 1983 liability); Imbler v. Pachtman, 424 U.S. 409, 427, 96 S.Ct. 984, 47 L.Ed.2d 128 (1976) (holding that the considerations underlying absolute prosecutorial immunity at common law “dictate the same absolute immunity under § 1983”). Absolute immunity even applies to those who prosecute and appear as witnesses in the course of an adjudication before an administrative agency."
} | 11,529,769 | b |
Prosecutors and witnesses both enjoy absolute immunity at common law. | {
"signal": "see",
"identifier": "424 U.S. 409, 427",
"parenthetical": "holding that the considerations underlying absolute prosecutorial immunity at common law \"dictate the same absolute immunity under SS 1983\"",
"sentence": "See Briscoe v. LaHue, 460 U.S. 325, 103 S.Ct. 1108, 75 L.Ed.2d 96 (1983) (ruling that witnesses, including police officer-witnesses, are entitled to absolute immunity from § 1983 liability); Imbler v. Pachtman, 424 U.S. 409, 427, 96 S.Ct. 984, 47 L.Ed.2d 128 (1976) (holding that the considerations underlying absolute prosecutorial immunity at common law “dictate the same absolute immunity under § 1983”). Absolute immunity even applies to those who prosecute and appear as witnesses in the course of an adjudication before an administrative agency."
} | {
"signal": "cf.",
"identifier": null,
"parenthetical": "concluding that agency officials performing functions analogous to those of a prosecutor are entitled to absolute immunity with respect to such acts",
"sentence": "Cf. Butz v. Economou, 438 U.S. 478, 515-17, 98 S.Ct. 2894, 57 L.Ed.2d 895 (1978) (concluding that agency officials performing functions analogous to those of a prosecutor are entitled to absolute immunity with respect to such acts)."
} | 11,529,769 | a |
Prosecutors and witnesses both enjoy absolute immunity at common law. | {
"signal": "see",
"identifier": null,
"parenthetical": "holding that the considerations underlying absolute prosecutorial immunity at common law \"dictate the same absolute immunity under SS 1983\"",
"sentence": "See Briscoe v. LaHue, 460 U.S. 325, 103 S.Ct. 1108, 75 L.Ed.2d 96 (1983) (ruling that witnesses, including police officer-witnesses, are entitled to absolute immunity from § 1983 liability); Imbler v. Pachtman, 424 U.S. 409, 427, 96 S.Ct. 984, 47 L.Ed.2d 128 (1976) (holding that the considerations underlying absolute prosecutorial immunity at common law “dictate the same absolute immunity under § 1983”). Absolute immunity even applies to those who prosecute and appear as witnesses in the course of an adjudication before an administrative agency."
} | {
"signal": "cf.",
"identifier": "438 U.S. 478, 515-17",
"parenthetical": "concluding that agency officials performing functions analogous to those of a prosecutor are entitled to absolute immunity with respect to such acts",
"sentence": "Cf. Butz v. Economou, 438 U.S. 478, 515-17, 98 S.Ct. 2894, 57 L.Ed.2d 895 (1978) (concluding that agency officials performing functions analogous to those of a prosecutor are entitled to absolute immunity with respect to such acts)."
} | 11,529,769 | a |
Prosecutors and witnesses both enjoy absolute immunity at common law. | {
"signal": "see",
"identifier": null,
"parenthetical": "holding that the considerations underlying absolute prosecutorial immunity at common law \"dictate the same absolute immunity under SS 1983\"",
"sentence": "See Briscoe v. LaHue, 460 U.S. 325, 103 S.Ct. 1108, 75 L.Ed.2d 96 (1983) (ruling that witnesses, including police officer-witnesses, are entitled to absolute immunity from § 1983 liability); Imbler v. Pachtman, 424 U.S. 409, 427, 96 S.Ct. 984, 47 L.Ed.2d 128 (1976) (holding that the considerations underlying absolute prosecutorial immunity at common law “dictate the same absolute immunity under § 1983”). Absolute immunity even applies to those who prosecute and appear as witnesses in the course of an adjudication before an administrative agency."
} | {
"signal": "cf.",
"identifier": null,
"parenthetical": "concluding that agency officials performing functions analogous to those of a prosecutor are entitled to absolute immunity with respect to such acts",
"sentence": "Cf. Butz v. Economou, 438 U.S. 478, 515-17, 98 S.Ct. 2894, 57 L.Ed.2d 895 (1978) (concluding that agency officials performing functions analogous to those of a prosecutor are entitled to absolute immunity with respect to such acts)."
} | 11,529,769 | a |
Prosecutors and witnesses both enjoy absolute immunity at common law. | {
"signal": "cf.",
"identifier": null,
"parenthetical": "concluding that agency officials performing functions analogous to those of a prosecutor are entitled to absolute immunity with respect to such acts",
"sentence": "Cf. Butz v. Economou, 438 U.S. 478, 515-17, 98 S.Ct. 2894, 57 L.Ed.2d 895 (1978) (concluding that agency officials performing functions analogous to those of a prosecutor are entitled to absolute immunity with respect to such acts)."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "holding that the considerations underlying absolute prosecutorial immunity at common law \"dictate the same absolute immunity under SS 1983\"",
"sentence": "See Briscoe v. LaHue, 460 U.S. 325, 103 S.Ct. 1108, 75 L.Ed.2d 96 (1983) (ruling that witnesses, including police officer-witnesses, are entitled to absolute immunity from § 1983 liability); Imbler v. Pachtman, 424 U.S. 409, 427, 96 S.Ct. 984, 47 L.Ed.2d 128 (1976) (holding that the considerations underlying absolute prosecutorial immunity at common law “dictate the same absolute immunity under § 1983”). Absolute immunity even applies to those who prosecute and appear as witnesses in the course of an adjudication before an administrative agency."
} | 11,529,769 | b |
Prosecutors and witnesses both enjoy absolute immunity at common law. | {
"signal": "see",
"identifier": null,
"parenthetical": "holding that the considerations underlying absolute prosecutorial immunity at common law \"dictate the same absolute immunity under SS 1983\"",
"sentence": "See Briscoe v. LaHue, 460 U.S. 325, 103 S.Ct. 1108, 75 L.Ed.2d 96 (1983) (ruling that witnesses, including police officer-witnesses, are entitled to absolute immunity from § 1983 liability); Imbler v. Pachtman, 424 U.S. 409, 427, 96 S.Ct. 984, 47 L.Ed.2d 128 (1976) (holding that the considerations underlying absolute prosecutorial immunity at common law “dictate the same absolute immunity under § 1983”). Absolute immunity even applies to those who prosecute and appear as witnesses in the course of an adjudication before an administrative agency."
} | {
"signal": "cf.",
"identifier": "438 U.S. 478, 515-17",
"parenthetical": "concluding that agency officials performing functions analogous to those of a prosecutor are entitled to absolute immunity with respect to such acts",
"sentence": "Cf. Butz v. Economou, 438 U.S. 478, 515-17, 98 S.Ct. 2894, 57 L.Ed.2d 895 (1978) (concluding that agency officials performing functions analogous to those of a prosecutor are entitled to absolute immunity with respect to such acts)."
} | 11,529,769 | a |
Prosecutors and witnesses both enjoy absolute immunity at common law. | {
"signal": "cf.",
"identifier": null,
"parenthetical": "concluding that agency officials performing functions analogous to those of a prosecutor are entitled to absolute immunity with respect to such acts",
"sentence": "Cf. Butz v. Economou, 438 U.S. 478, 515-17, 98 S.Ct. 2894, 57 L.Ed.2d 895 (1978) (concluding that agency officials performing functions analogous to those of a prosecutor are entitled to absolute immunity with respect to such acts)."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "holding that the considerations underlying absolute prosecutorial immunity at common law \"dictate the same absolute immunity under SS 1983\"",
"sentence": "See Briscoe v. LaHue, 460 U.S. 325, 103 S.Ct. 1108, 75 L.Ed.2d 96 (1983) (ruling that witnesses, including police officer-witnesses, are entitled to absolute immunity from § 1983 liability); Imbler v. Pachtman, 424 U.S. 409, 427, 96 S.Ct. 984, 47 L.Ed.2d 128 (1976) (holding that the considerations underlying absolute prosecutorial immunity at common law “dictate the same absolute immunity under § 1983”). Absolute immunity even applies to those who prosecute and appear as witnesses in the course of an adjudication before an administrative agency."
} | 11,529,769 | b |
Prosecutors and witnesses both enjoy absolute immunity at common law. | {
"signal": "cf.",
"identifier": null,
"parenthetical": "concluding that agency officials performing functions analogous to those of a prosecutor are entitled to absolute immunity with respect to such acts",
"sentence": "Cf. Butz v. Economou, 438 U.S. 478, 515-17, 98 S.Ct. 2894, 57 L.Ed.2d 895 (1978) (concluding that agency officials performing functions analogous to those of a prosecutor are entitled to absolute immunity with respect to such acts)."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "holding that the considerations underlying absolute prosecutorial immunity at common law \"dictate the same absolute immunity under SS 1983\"",
"sentence": "See Briscoe v. LaHue, 460 U.S. 325, 103 S.Ct. 1108, 75 L.Ed.2d 96 (1983) (ruling that witnesses, including police officer-witnesses, are entitled to absolute immunity from § 1983 liability); Imbler v. Pachtman, 424 U.S. 409, 427, 96 S.Ct. 984, 47 L.Ed.2d 128 (1976) (holding that the considerations underlying absolute prosecutorial immunity at common law “dictate the same absolute immunity under § 1983”). Absolute immunity even applies to those who prosecute and appear as witnesses in the course of an adjudication before an administrative agency."
} | 11,529,769 | b |
For purposes of this provision, the definition of "firearm" includes a shotgun with a barrel less than eighteen inches in length or with an overall length less than twenty-six inches. 26 U.S.C. SS 5845(a). In order to obtain a conviction under SS 5861(d), the government must demonstrate that the defendant knew the barrel's length was less than eighteen inches or the overall length was less than twenty-six inches. | {
"signal": "see",
"identifier": "511 U.S. 600, 619",
"parenthetical": "holding that the government must prove the defendant \"knew of the features of [the firearm] that brought it within the scope of the Act\"",
"sentence": "See Staples v. United States, 511 U.S. 600, 619, 114 S.Ct. 1793, 128 L.Ed.2d 608 (1994) (holding that the government must prove the defendant “knew of the features of [the firearm] that brought it within the scope of the Act”); see also United States v. Michel, 446 F.3d 1122, 1130 (10th Cir.2006) (stating that the government is “required to prove beyond a reasonable doubt that [the defendant] knew the firearm in his possession had a barrel shorter than eighteen inches”)."
} | {
"signal": "see also",
"identifier": "446 F.3d 1122, 1130",
"parenthetical": "stating that the government is \"required to prove beyond a reasonable doubt that [the defendant] knew the firearm in his possession had a barrel shorter than eighteen inches\"",
"sentence": "See Staples v. United States, 511 U.S. 600, 619, 114 S.Ct. 1793, 128 L.Ed.2d 608 (1994) (holding that the government must prove the defendant “knew of the features of [the firearm] that brought it within the scope of the Act”); see also United States v. Michel, 446 F.3d 1122, 1130 (10th Cir.2006) (stating that the government is “required to prove beyond a reasonable doubt that [the defendant] knew the firearm in his possession had a barrel shorter than eighteen inches”)."
} | 5,893,818 | a |
For purposes of this provision, the definition of "firearm" includes a shotgun with a barrel less than eighteen inches in length or with an overall length less than twenty-six inches. 26 U.S.C. SS 5845(a). In order to obtain a conviction under SS 5861(d), the government must demonstrate that the defendant knew the barrel's length was less than eighteen inches or the overall length was less than twenty-six inches. | {
"signal": "see",
"identifier": null,
"parenthetical": "holding that the government must prove the defendant \"knew of the features of [the firearm] that brought it within the scope of the Act\"",
"sentence": "See Staples v. United States, 511 U.S. 600, 619, 114 S.Ct. 1793, 128 L.Ed.2d 608 (1994) (holding that the government must prove the defendant “knew of the features of [the firearm] that brought it within the scope of the Act”); see also United States v. Michel, 446 F.3d 1122, 1130 (10th Cir.2006) (stating that the government is “required to prove beyond a reasonable doubt that [the defendant] knew the firearm in his possession had a barrel shorter than eighteen inches”)."
} | {
"signal": "see also",
"identifier": "446 F.3d 1122, 1130",
"parenthetical": "stating that the government is \"required to prove beyond a reasonable doubt that [the defendant] knew the firearm in his possession had a barrel shorter than eighteen inches\"",
"sentence": "See Staples v. United States, 511 U.S. 600, 619, 114 S.Ct. 1793, 128 L.Ed.2d 608 (1994) (holding that the government must prove the defendant “knew of the features of [the firearm] that brought it within the scope of the Act”); see also United States v. Michel, 446 F.3d 1122, 1130 (10th Cir.2006) (stating that the government is “required to prove beyond a reasonable doubt that [the defendant] knew the firearm in his possession had a barrel shorter than eighteen inches”)."
} | 5,893,818 | a |
For purposes of this provision, the definition of "firearm" includes a shotgun with a barrel less than eighteen inches in length or with an overall length less than twenty-six inches. 26 U.S.C. SS 5845(a). In order to obtain a conviction under SS 5861(d), the government must demonstrate that the defendant knew the barrel's length was less than eighteen inches or the overall length was less than twenty-six inches. | {
"signal": "see also",
"identifier": "446 F.3d 1122, 1130",
"parenthetical": "stating that the government is \"required to prove beyond a reasonable doubt that [the defendant] knew the firearm in his possession had a barrel shorter than eighteen inches\"",
"sentence": "See Staples v. United States, 511 U.S. 600, 619, 114 S.Ct. 1793, 128 L.Ed.2d 608 (1994) (holding that the government must prove the defendant “knew of the features of [the firearm] that brought it within the scope of the Act”); see also United States v. Michel, 446 F.3d 1122, 1130 (10th Cir.2006) (stating that the government is “required to prove beyond a reasonable doubt that [the defendant] knew the firearm in his possession had a barrel shorter than eighteen inches”)."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "holding that the government must prove the defendant \"knew of the features of [the firearm] that brought it within the scope of the Act\"",
"sentence": "See Staples v. United States, 511 U.S. 600, 619, 114 S.Ct. 1793, 128 L.Ed.2d 608 (1994) (holding that the government must prove the defendant “knew of the features of [the firearm] that brought it within the scope of the Act”); see also United States v. Michel, 446 F.3d 1122, 1130 (10th Cir.2006) (stating that the government is “required to prove beyond a reasonable doubt that [the defendant] knew the firearm in his possession had a barrel shorter than eighteen inches”)."
} | 5,893,818 | b |
The idea of having a placement zone like the one described above can only be represented in so many ways: the idea and the expression have merged. The boundary line of the placement zone must be filtered out under the Altai analysis. | {
"signal": "see",
"identifier": "982 F.2d 707, 707",
"parenthetical": "court must filter out expression \"dictated by considerations of efficiency, so as to be necessarily incidental to that idea\"",
"sentence": "See Altai, 982 F.2d at 707 (court must filter out expression “dictated by considerations of efficiency, so as to be necessarily incidental to that idea”)."
} | {
"signal": "cf.",
"identifier": "864 F.Supp. 1582, 1582",
"parenthetical": "finding merg er where there was a \"limited range of expression available to depict places.\"",
"sentence": "Cf. MiTek, 864 F.Supp. at 1582 (finding merg er where there was a “limited range of expression available to depict places.”)"
} | 3,599,619 | a |
In departing from the presumptive sentences for Sebasky's conviction under Minn.Stat. SS 609.342, subd. 1(a) (Supp.1990) (definition unchanged in current statute) and his first conviction under Minn.Stat. SS 609.342, subd. 1(g), the trial court relied on numerous valid aggravating factors, including the multiple incidents and multiple types of abuse, Sebasky's planning and manipulation, his knowledge that he was HIV positive at the time of the incidents, and the violation of his position of trust and authority. | {
"signal": "see",
"identifier": "344 N.W.2d 394, 397",
"parenthetical": "affirming an upward departure and noting the multiple types of penetration and ongoing nature of the abuse",
"sentence": "See Kilcoyne v. State, 344 N.W.2d 394, 397 (Minn.1984) (affirming an upward departure and noting the multiple types of penetration and ongoing nature of the abuse); State v. Kindem, 338 N.W.2d 9, 17-18 (Minn. 1983) (citing planning as an appropriate aggravating factor justifying a departure), cert, denied, 466 U.S. 974, 104 S.Ct. 2352, 80 L.Ed.2d 825 (1984); Perkins v. State, 540 N.W.2d 908, 912 (Minn.App.1995) (affirming a greater-than-triple departure based in part on the defendant’s knowledge of his infection with the AIDS virus), review granted (Minn. Feb. 27, 1996); State v. Griffith, 480 N.W.2d 347, 351 (Minn.App.1992) (finding the defendant’s abuse of the trust that the teenage complainant placed in him when she decided to move in with his family was a valid aggravating factor), review denied (Minn. Mar. 19, 1992); see also State v. Mesich, 396 N.W.2d 46, 52 (Minn.App.1986) (“Multiple penetrations alone will generally justify a double * ⅜ * departure.”), review denied (Minn. Jan. 2, 1987). The record supports these considerations and the multitude of aggravating factors shows Sebasky’s conduct was particularly egregious, thus warranting the triple departure imposed for his violation of Minn.Stat. § 609.342, subd. 1(a)."
} | {
"signal": "see also",
"identifier": "396 N.W.2d 46, 52",
"parenthetical": "\"Multiple penetrations alone will generally justify a double * 3/8 * departure.\"",
"sentence": "See Kilcoyne v. State, 344 N.W.2d 394, 397 (Minn.1984) (affirming an upward departure and noting the multiple types of penetration and ongoing nature of the abuse); State v. Kindem, 338 N.W.2d 9, 17-18 (Minn. 1983) (citing planning as an appropriate aggravating factor justifying a departure), cert, denied, 466 U.S. 974, 104 S.Ct. 2352, 80 L.Ed.2d 825 (1984); Perkins v. State, 540 N.W.2d 908, 912 (Minn.App.1995) (affirming a greater-than-triple departure based in part on the defendant’s knowledge of his infection with the AIDS virus), review granted (Minn. Feb. 27, 1996); State v. Griffith, 480 N.W.2d 347, 351 (Minn.App.1992) (finding the defendant’s abuse of the trust that the teenage complainant placed in him when she decided to move in with his family was a valid aggravating factor), review denied (Minn. Mar. 19, 1992); see also State v. Mesich, 396 N.W.2d 46, 52 (Minn.App.1986) (“Multiple penetrations alone will generally justify a double * ⅜ * departure.”), review denied (Minn. Jan. 2, 1987). The record supports these considerations and the multitude of aggravating factors shows Sebasky’s conduct was particularly egregious, thus warranting the triple departure imposed for his violation of Minn.Stat. § 609.342, subd. 1(a)."
} | 10,695,609 | a |
In departing from the presumptive sentences for Sebasky's conviction under Minn.Stat. SS 609.342, subd. 1(a) (Supp.1990) (definition unchanged in current statute) and his first conviction under Minn.Stat. SS 609.342, subd. 1(g), the trial court relied on numerous valid aggravating factors, including the multiple incidents and multiple types of abuse, Sebasky's planning and manipulation, his knowledge that he was HIV positive at the time of the incidents, and the violation of his position of trust and authority. | {
"signal": "see",
"identifier": "540 N.W.2d 908, 912",
"parenthetical": "affirming a greater-than-triple departure based in part on the defendant's knowledge of his infection with the AIDS virus",
"sentence": "See Kilcoyne v. State, 344 N.W.2d 394, 397 (Minn.1984) (affirming an upward departure and noting the multiple types of penetration and ongoing nature of the abuse); State v. Kindem, 338 N.W.2d 9, 17-18 (Minn. 1983) (citing planning as an appropriate aggravating factor justifying a departure), cert, denied, 466 U.S. 974, 104 S.Ct. 2352, 80 L.Ed.2d 825 (1984); Perkins v. State, 540 N.W.2d 908, 912 (Minn.App.1995) (affirming a greater-than-triple departure based in part on the defendant’s knowledge of his infection with the AIDS virus), review granted (Minn. Feb. 27, 1996); State v. Griffith, 480 N.W.2d 347, 351 (Minn.App.1992) (finding the defendant’s abuse of the trust that the teenage complainant placed in him when she decided to move in with his family was a valid aggravating factor), review denied (Minn. Mar. 19, 1992); see also State v. Mesich, 396 N.W.2d 46, 52 (Minn.App.1986) (“Multiple penetrations alone will generally justify a double * ⅜ * departure.”), review denied (Minn. Jan. 2, 1987). The record supports these considerations and the multitude of aggravating factors shows Sebasky’s conduct was particularly egregious, thus warranting the triple departure imposed for his violation of Minn.Stat. § 609.342, subd. 1(a)."
} | {
"signal": "see also",
"identifier": "396 N.W.2d 46, 52",
"parenthetical": "\"Multiple penetrations alone will generally justify a double * 3/8 * departure.\"",
"sentence": "See Kilcoyne v. State, 344 N.W.2d 394, 397 (Minn.1984) (affirming an upward departure and noting the multiple types of penetration and ongoing nature of the abuse); State v. Kindem, 338 N.W.2d 9, 17-18 (Minn. 1983) (citing planning as an appropriate aggravating factor justifying a departure), cert, denied, 466 U.S. 974, 104 S.Ct. 2352, 80 L.Ed.2d 825 (1984); Perkins v. State, 540 N.W.2d 908, 912 (Minn.App.1995) (affirming a greater-than-triple departure based in part on the defendant’s knowledge of his infection with the AIDS virus), review granted (Minn. Feb. 27, 1996); State v. Griffith, 480 N.W.2d 347, 351 (Minn.App.1992) (finding the defendant’s abuse of the trust that the teenage complainant placed in him when she decided to move in with his family was a valid aggravating factor), review denied (Minn. Mar. 19, 1992); see also State v. Mesich, 396 N.W.2d 46, 52 (Minn.App.1986) (“Multiple penetrations alone will generally justify a double * ⅜ * departure.”), review denied (Minn. Jan. 2, 1987). The record supports these considerations and the multitude of aggravating factors shows Sebasky’s conduct was particularly egregious, thus warranting the triple departure imposed for his violation of Minn.Stat. § 609.342, subd. 1(a)."
} | 10,695,609 | a |
In departing from the presumptive sentences for Sebasky's conviction under Minn.Stat. SS 609.342, subd. 1(a) (Supp.1990) (definition unchanged in current statute) and his first conviction under Minn.Stat. SS 609.342, subd. 1(g), the trial court relied on numerous valid aggravating factors, including the multiple incidents and multiple types of abuse, Sebasky's planning and manipulation, his knowledge that he was HIV positive at the time of the incidents, and the violation of his position of trust and authority. | {
"signal": "see also",
"identifier": "396 N.W.2d 46, 52",
"parenthetical": "\"Multiple penetrations alone will generally justify a double * 3/8 * departure.\"",
"sentence": "See Kilcoyne v. State, 344 N.W.2d 394, 397 (Minn.1984) (affirming an upward departure and noting the multiple types of penetration and ongoing nature of the abuse); State v. Kindem, 338 N.W.2d 9, 17-18 (Minn. 1983) (citing planning as an appropriate aggravating factor justifying a departure), cert, denied, 466 U.S. 974, 104 S.Ct. 2352, 80 L.Ed.2d 825 (1984); Perkins v. State, 540 N.W.2d 908, 912 (Minn.App.1995) (affirming a greater-than-triple departure based in part on the defendant’s knowledge of his infection with the AIDS virus), review granted (Minn. Feb. 27, 1996); State v. Griffith, 480 N.W.2d 347, 351 (Minn.App.1992) (finding the defendant’s abuse of the trust that the teenage complainant placed in him when she decided to move in with his family was a valid aggravating factor), review denied (Minn. Mar. 19, 1992); see also State v. Mesich, 396 N.W.2d 46, 52 (Minn.App.1986) (“Multiple penetrations alone will generally justify a double * ⅜ * departure.”), review denied (Minn. Jan. 2, 1987). The record supports these considerations and the multitude of aggravating factors shows Sebasky’s conduct was particularly egregious, thus warranting the triple departure imposed for his violation of Minn.Stat. § 609.342, subd. 1(a)."
} | {
"signal": "see",
"identifier": "480 N.W.2d 347, 351",
"parenthetical": "finding the defendant's abuse of the trust that the teenage complainant placed in him when she decided to move in with his family was a valid aggravating factor",
"sentence": "See Kilcoyne v. State, 344 N.W.2d 394, 397 (Minn.1984) (affirming an upward departure and noting the multiple types of penetration and ongoing nature of the abuse); State v. Kindem, 338 N.W.2d 9, 17-18 (Minn. 1983) (citing planning as an appropriate aggravating factor justifying a departure), cert, denied, 466 U.S. 974, 104 S.Ct. 2352, 80 L.Ed.2d 825 (1984); Perkins v. State, 540 N.W.2d 908, 912 (Minn.App.1995) (affirming a greater-than-triple departure based in part on the defendant’s knowledge of his infection with the AIDS virus), review granted (Minn. Feb. 27, 1996); State v. Griffith, 480 N.W.2d 347, 351 (Minn.App.1992) (finding the defendant’s abuse of the trust that the teenage complainant placed in him when she decided to move in with his family was a valid aggravating factor), review denied (Minn. Mar. 19, 1992); see also State v. Mesich, 396 N.W.2d 46, 52 (Minn.App.1986) (“Multiple penetrations alone will generally justify a double * ⅜ * departure.”), review denied (Minn. Jan. 2, 1987). The record supports these considerations and the multitude of aggravating factors shows Sebasky’s conduct was particularly egregious, thus warranting the triple departure imposed for his violation of Minn.Stat. § 609.342, subd. 1(a)."
} | 10,695,609 | b |
A series of misclassified entries was each determined by Customs to be a separate violation of section 1641(b)(4) in light of the totality of the circumstances addressed in this opinion. Moreover, it is doubtful that the doctrine of multiplicity is applicable to civil or administrative matters. | {
"signal": "see",
"identifier": "522 U.S. 93, 99",
"parenthetical": "'The Clause protects only against the imposition of multiple criminal punishments for the same offense.\"",
"sentence": "See Hudson v. United States, 522 U.S. 93, 99 (1997) (‘The Clause protects only against the imposition of multiple criminal punishments for the same offense.”) (emphasis in origianl); see also United States ex rel. Marcus v. Hess, 317 U.S. 537, 548-49 (1943) (“Only [criminal punishment] subject[s] the defendant to ‘jeopard/ within the constitutional meaning”)."
} | {
"signal": "see also",
"identifier": "317 U.S. 537, 548-49",
"parenthetical": "\"Only [criminal punishment] subject[s] the defendant to 'jeopard/ within the constitutional meaning\"",
"sentence": "See Hudson v. United States, 522 U.S. 93, 99 (1997) (‘The Clause protects only against the imposition of multiple criminal punishments for the same offense.”) (emphasis in origianl); see also United States ex rel. Marcus v. Hess, 317 U.S. 537, 548-49 (1943) (“Only [criminal punishment] subject[s] the defendant to ‘jeopard/ within the constitutional meaning”)."
} | 3,691,851 | a |
This case does not require us to decide whether the government must show actual environmental contamination to justify an increase under SS 2Q1.2(b)(l)(B). Assuming this showing is required, the record shows environmental contamination. Because the waste was volatile, the air carried the waste's organic compounds. | {
"signal": "see",
"identifier": "994 F.2d 664, 664",
"parenthetical": "environment contaminated when hazardous waste contacts with land or water or is released into the air",
"sentence": "See Ferrin, 994 F.2d at 664 (environment contaminated when hazardous waste contacts with land or water or is released into the air); Bogas, 920 F.2d at 368 (finding of no environmental contamination would be clearly erroneous given visual contamination of soil, detectable contamination of atmosphere, and probable water contamination); see also United States v. Sellers, 926 F.2d 410, 418 (5th Cir.1991) (district court may have inferred actual environmental contamination from leaking barrel of hazardous waste found on creek bank)."
} | {
"signal": "see also",
"identifier": "926 F.2d 410, 418",
"parenthetical": "district court may have inferred actual environmental contamination from leaking barrel of hazardous waste found on creek bank",
"sentence": "See Ferrin, 994 F.2d at 664 (environment contaminated when hazardous waste contacts with land or water or is released into the air); Bogas, 920 F.2d at 368 (finding of no environmental contamination would be clearly erroneous given visual contamination of soil, detectable contamination of atmosphere, and probable water contamination); see also United States v. Sellers, 926 F.2d 410, 418 (5th Cir.1991) (district court may have inferred actual environmental contamination from leaking barrel of hazardous waste found on creek bank)."
} | 10,531,927 | a |
This case does not require us to decide whether the government must show actual environmental contamination to justify an increase under SS 2Q1.2(b)(l)(B). Assuming this showing is required, the record shows environmental contamination. Because the waste was volatile, the air carried the waste's organic compounds. | {
"signal": "see also",
"identifier": "926 F.2d 410, 418",
"parenthetical": "district court may have inferred actual environmental contamination from leaking barrel of hazardous waste found on creek bank",
"sentence": "See Ferrin, 994 F.2d at 664 (environment contaminated when hazardous waste contacts with land or water or is released into the air); Bogas, 920 F.2d at 368 (finding of no environmental contamination would be clearly erroneous given visual contamination of soil, detectable contamination of atmosphere, and probable water contamination); see also United States v. Sellers, 926 F.2d 410, 418 (5th Cir.1991) (district court may have inferred actual environmental contamination from leaking barrel of hazardous waste found on creek bank)."
} | {
"signal": "see",
"identifier": "920 F.2d 368, 368",
"parenthetical": "finding of no environmental contamination would be clearly erroneous given visual contamination of soil, detectable contamination of atmosphere, and probable water contamination",
"sentence": "See Ferrin, 994 F.2d at 664 (environment contaminated when hazardous waste contacts with land or water or is released into the air); Bogas, 920 F.2d at 368 (finding of no environmental contamination would be clearly erroneous given visual contamination of soil, detectable contamination of atmosphere, and probable water contamination); see also United States v. Sellers, 926 F.2d 410, 418 (5th Cir.1991) (district court may have inferred actual environmental contamination from leaking barrel of hazardous waste found on creek bank)."
} | 10,531,927 | b |
. In other words, the probability values derived from the Fisher's exact test at these various promotion levels in all instances but one exceeded 0.05 and the number of standard deviations at the same levels were always less than two. | {
"signal": "see also",
"identifier": null,
"parenthetical": "noting that the \"likelihood that the actual results will fall more than one standard deviation beyond the expected results is about 32% ... [while] [f]or more than two standard deviations, it is about 4.6% and for more than three standard deviations, it is about [0].03%.\"",
"sentence": "See Castaneda v. Partida, 430 U.S. 482, 497 n. 12, 97 S.Ct. 1272, 1281 n. 12, 51 L.Ed.2d 498 (1977) (noting general rule that standard deviations greater than two or three necessarily exclude chance as a cause of underrepresentation); see also Kirkland v. New York State Dept, of Correctional Services, 711 F.2d 1117, 1131 n. 17 (2d Cir.1983) (noting that the \"likelihood that the actual results will fall more than one standard deviation beyond the expected results is about 32% ... [while] [f]or more than two standard deviations, it is about 4.6% and for more than three standard deviations, it is about [0].03%.”) (citation omitted), cert. denied, 465 U.S. 1005, 104 S.Ct. 997, 79 L.Ed.2d 230 (1984)."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "noting general rule that standard deviations greater than two or three necessarily exclude chance as a cause of underrepresentation",
"sentence": "See Castaneda v. Partida, 430 U.S. 482, 497 n. 12, 97 S.Ct. 1272, 1281 n. 12, 51 L.Ed.2d 498 (1977) (noting general rule that standard deviations greater than two or three necessarily exclude chance as a cause of underrepresentation); see also Kirkland v. New York State Dept, of Correctional Services, 711 F.2d 1117, 1131 n. 17 (2d Cir.1983) (noting that the \"likelihood that the actual results will fall more than one standard deviation beyond the expected results is about 32% ... [while] [f]or more than two standard deviations, it is about 4.6% and for more than three standard deviations, it is about [0].03%.”) (citation omitted), cert. denied, 465 U.S. 1005, 104 S.Ct. 997, 79 L.Ed.2d 230 (1984)."
} | 4,075,273 | b |
. In other words, the probability values derived from the Fisher's exact test at these various promotion levels in all instances but one exceeded 0.05 and the number of standard deviations at the same levels were always less than two. | {
"signal": "see also",
"identifier": null,
"parenthetical": "noting that the \"likelihood that the actual results will fall more than one standard deviation beyond the expected results is about 32% ... [while] [f]or more than two standard deviations, it is about 4.6% and for more than three standard deviations, it is about [0].03%.\"",
"sentence": "See Castaneda v. Partida, 430 U.S. 482, 497 n. 12, 97 S.Ct. 1272, 1281 n. 12, 51 L.Ed.2d 498 (1977) (noting general rule that standard deviations greater than two or three necessarily exclude chance as a cause of underrepresentation); see also Kirkland v. New York State Dept, of Correctional Services, 711 F.2d 1117, 1131 n. 17 (2d Cir.1983) (noting that the \"likelihood that the actual results will fall more than one standard deviation beyond the expected results is about 32% ... [while] [f]or more than two standard deviations, it is about 4.6% and for more than three standard deviations, it is about [0].03%.”) (citation omitted), cert. denied, 465 U.S. 1005, 104 S.Ct. 997, 79 L.Ed.2d 230 (1984)."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "noting general rule that standard deviations greater than two or three necessarily exclude chance as a cause of underrepresentation",
"sentence": "See Castaneda v. Partida, 430 U.S. 482, 497 n. 12, 97 S.Ct. 1272, 1281 n. 12, 51 L.Ed.2d 498 (1977) (noting general rule that standard deviations greater than two or three necessarily exclude chance as a cause of underrepresentation); see also Kirkland v. New York State Dept, of Correctional Services, 711 F.2d 1117, 1131 n. 17 (2d Cir.1983) (noting that the \"likelihood that the actual results will fall more than one standard deviation beyond the expected results is about 32% ... [while] [f]or more than two standard deviations, it is about 4.6% and for more than three standard deviations, it is about [0].03%.”) (citation omitted), cert. denied, 465 U.S. 1005, 104 S.Ct. 997, 79 L.Ed.2d 230 (1984)."
} | 4,075,273 | b |
. In other words, the probability values derived from the Fisher's exact test at these various promotion levels in all instances but one exceeded 0.05 and the number of standard deviations at the same levels were always less than two. | {
"signal": "see",
"identifier": null,
"parenthetical": "noting general rule that standard deviations greater than two or three necessarily exclude chance as a cause of underrepresentation",
"sentence": "See Castaneda v. Partida, 430 U.S. 482, 497 n. 12, 97 S.Ct. 1272, 1281 n. 12, 51 L.Ed.2d 498 (1977) (noting general rule that standard deviations greater than two or three necessarily exclude chance as a cause of underrepresentation); see also Kirkland v. New York State Dept, of Correctional Services, 711 F.2d 1117, 1131 n. 17 (2d Cir.1983) (noting that the \"likelihood that the actual results will fall more than one standard deviation beyond the expected results is about 32% ... [while] [f]or more than two standard deviations, it is about 4.6% and for more than three standard deviations, it is about [0].03%.”) (citation omitted), cert. denied, 465 U.S. 1005, 104 S.Ct. 997, 79 L.Ed.2d 230 (1984)."
} | {
"signal": "see also",
"identifier": null,
"parenthetical": "noting that the \"likelihood that the actual results will fall more than one standard deviation beyond the expected results is about 32% ... [while] [f]or more than two standard deviations, it is about 4.6% and for more than three standard deviations, it is about [0].03%.\"",
"sentence": "See Castaneda v. Partida, 430 U.S. 482, 497 n. 12, 97 S.Ct. 1272, 1281 n. 12, 51 L.Ed.2d 498 (1977) (noting general rule that standard deviations greater than two or three necessarily exclude chance as a cause of underrepresentation); see also Kirkland v. New York State Dept, of Correctional Services, 711 F.2d 1117, 1131 n. 17 (2d Cir.1983) (noting that the \"likelihood that the actual results will fall more than one standard deviation beyond the expected results is about 32% ... [while] [f]or more than two standard deviations, it is about 4.6% and for more than three standard deviations, it is about [0].03%.”) (citation omitted), cert. denied, 465 U.S. 1005, 104 S.Ct. 997, 79 L.Ed.2d 230 (1984)."
} | 4,075,273 | a |
. In other words, the probability values derived from the Fisher's exact test at these various promotion levels in all instances but one exceeded 0.05 and the number of standard deviations at the same levels were always less than two. | {
"signal": "see",
"identifier": null,
"parenthetical": "noting general rule that standard deviations greater than two or three necessarily exclude chance as a cause of underrepresentation",
"sentence": "See Castaneda v. Partida, 430 U.S. 482, 497 n. 12, 97 S.Ct. 1272, 1281 n. 12, 51 L.Ed.2d 498 (1977) (noting general rule that standard deviations greater than two or three necessarily exclude chance as a cause of underrepresentation); see also Kirkland v. New York State Dept, of Correctional Services, 711 F.2d 1117, 1131 n. 17 (2d Cir.1983) (noting that the \"likelihood that the actual results will fall more than one standard deviation beyond the expected results is about 32% ... [while] [f]or more than two standard deviations, it is about 4.6% and for more than three standard deviations, it is about [0].03%.”) (citation omitted), cert. denied, 465 U.S. 1005, 104 S.Ct. 997, 79 L.Ed.2d 230 (1984)."
} | {
"signal": "see also",
"identifier": null,
"parenthetical": "noting that the \"likelihood that the actual results will fall more than one standard deviation beyond the expected results is about 32% ... [while] [f]or more than two standard deviations, it is about 4.6% and for more than three standard deviations, it is about [0].03%.\"",
"sentence": "See Castaneda v. Partida, 430 U.S. 482, 497 n. 12, 97 S.Ct. 1272, 1281 n. 12, 51 L.Ed.2d 498 (1977) (noting general rule that standard deviations greater than two or three necessarily exclude chance as a cause of underrepresentation); see also Kirkland v. New York State Dept, of Correctional Services, 711 F.2d 1117, 1131 n. 17 (2d Cir.1983) (noting that the \"likelihood that the actual results will fall more than one standard deviation beyond the expected results is about 32% ... [while] [f]or more than two standard deviations, it is about 4.6% and for more than three standard deviations, it is about [0].03%.”) (citation omitted), cert. denied, 465 U.S. 1005, 104 S.Ct. 997, 79 L.Ed.2d 230 (1984)."
} | 4,075,273 | a |
. In other words, the probability values derived from the Fisher's exact test at these various promotion levels in all instances but one exceeded 0.05 and the number of standard deviations at the same levels were always less than two. | {
"signal": "see also",
"identifier": null,
"parenthetical": "noting that the \"likelihood that the actual results will fall more than one standard deviation beyond the expected results is about 32% ... [while] [f]or more than two standard deviations, it is about 4.6% and for more than three standard deviations, it is about [0].03%.\"",
"sentence": "See Castaneda v. Partida, 430 U.S. 482, 497 n. 12, 97 S.Ct. 1272, 1281 n. 12, 51 L.Ed.2d 498 (1977) (noting general rule that standard deviations greater than two or three necessarily exclude chance as a cause of underrepresentation); see also Kirkland v. New York State Dept, of Correctional Services, 711 F.2d 1117, 1131 n. 17 (2d Cir.1983) (noting that the \"likelihood that the actual results will fall more than one standard deviation beyond the expected results is about 32% ... [while] [f]or more than two standard deviations, it is about 4.6% and for more than three standard deviations, it is about [0].03%.”) (citation omitted), cert. denied, 465 U.S. 1005, 104 S.Ct. 997, 79 L.Ed.2d 230 (1984)."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "noting general rule that standard deviations greater than two or three necessarily exclude chance as a cause of underrepresentation",
"sentence": "See Castaneda v. Partida, 430 U.S. 482, 497 n. 12, 97 S.Ct. 1272, 1281 n. 12, 51 L.Ed.2d 498 (1977) (noting general rule that standard deviations greater than two or three necessarily exclude chance as a cause of underrepresentation); see also Kirkland v. New York State Dept, of Correctional Services, 711 F.2d 1117, 1131 n. 17 (2d Cir.1983) (noting that the \"likelihood that the actual results will fall more than one standard deviation beyond the expected results is about 32% ... [while] [f]or more than two standard deviations, it is about 4.6% and for more than three standard deviations, it is about [0].03%.”) (citation omitted), cert. denied, 465 U.S. 1005, 104 S.Ct. 997, 79 L.Ed.2d 230 (1984)."
} | 4,075,273 | b |
. In other words, the probability values derived from the Fisher's exact test at these various promotion levels in all instances but one exceeded 0.05 and the number of standard deviations at the same levels were always less than two. | {
"signal": "see also",
"identifier": null,
"parenthetical": "noting that the \"likelihood that the actual results will fall more than one standard deviation beyond the expected results is about 32% ... [while] [f]or more than two standard deviations, it is about 4.6% and for more than three standard deviations, it is about [0].03%.\"",
"sentence": "See Castaneda v. Partida, 430 U.S. 482, 497 n. 12, 97 S.Ct. 1272, 1281 n. 12, 51 L.Ed.2d 498 (1977) (noting general rule that standard deviations greater than two or three necessarily exclude chance as a cause of underrepresentation); see also Kirkland v. New York State Dept, of Correctional Services, 711 F.2d 1117, 1131 n. 17 (2d Cir.1983) (noting that the \"likelihood that the actual results will fall more than one standard deviation beyond the expected results is about 32% ... [while] [f]or more than two standard deviations, it is about 4.6% and for more than three standard deviations, it is about [0].03%.”) (citation omitted), cert. denied, 465 U.S. 1005, 104 S.Ct. 997, 79 L.Ed.2d 230 (1984)."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "noting general rule that standard deviations greater than two or three necessarily exclude chance as a cause of underrepresentation",
"sentence": "See Castaneda v. Partida, 430 U.S. 482, 497 n. 12, 97 S.Ct. 1272, 1281 n. 12, 51 L.Ed.2d 498 (1977) (noting general rule that standard deviations greater than two or three necessarily exclude chance as a cause of underrepresentation); see also Kirkland v. New York State Dept, of Correctional Services, 711 F.2d 1117, 1131 n. 17 (2d Cir.1983) (noting that the \"likelihood that the actual results will fall more than one standard deviation beyond the expected results is about 32% ... [while] [f]or more than two standard deviations, it is about 4.6% and for more than three standard deviations, it is about [0].03%.”) (citation omitted), cert. denied, 465 U.S. 1005, 104 S.Ct. 997, 79 L.Ed.2d 230 (1984)."
} | 4,075,273 | b |
. In other words, the probability values derived from the Fisher's exact test at these various promotion levels in all instances but one exceeded 0.05 and the number of standard deviations at the same levels were always less than two. | {
"signal": "see also",
"identifier": null,
"parenthetical": "noting that the \"likelihood that the actual results will fall more than one standard deviation beyond the expected results is about 32% ... [while] [f]or more than two standard deviations, it is about 4.6% and for more than three standard deviations, it is about [0].03%.\"",
"sentence": "See Castaneda v. Partida, 430 U.S. 482, 497 n. 12, 97 S.Ct. 1272, 1281 n. 12, 51 L.Ed.2d 498 (1977) (noting general rule that standard deviations greater than two or three necessarily exclude chance as a cause of underrepresentation); see also Kirkland v. New York State Dept, of Correctional Services, 711 F.2d 1117, 1131 n. 17 (2d Cir.1983) (noting that the \"likelihood that the actual results will fall more than one standard deviation beyond the expected results is about 32% ... [while] [f]or more than two standard deviations, it is about 4.6% and for more than three standard deviations, it is about [0].03%.”) (citation omitted), cert. denied, 465 U.S. 1005, 104 S.Ct. 997, 79 L.Ed.2d 230 (1984)."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "noting general rule that standard deviations greater than two or three necessarily exclude chance as a cause of underrepresentation",
"sentence": "See Castaneda v. Partida, 430 U.S. 482, 497 n. 12, 97 S.Ct. 1272, 1281 n. 12, 51 L.Ed.2d 498 (1977) (noting general rule that standard deviations greater than two or three necessarily exclude chance as a cause of underrepresentation); see also Kirkland v. New York State Dept, of Correctional Services, 711 F.2d 1117, 1131 n. 17 (2d Cir.1983) (noting that the \"likelihood that the actual results will fall more than one standard deviation beyond the expected results is about 32% ... [while] [f]or more than two standard deviations, it is about 4.6% and for more than three standard deviations, it is about [0].03%.”) (citation omitted), cert. denied, 465 U.S. 1005, 104 S.Ct. 997, 79 L.Ed.2d 230 (1984)."
} | 4,075,273 | b |
. In other words, the probability values derived from the Fisher's exact test at these various promotion levels in all instances but one exceeded 0.05 and the number of standard deviations at the same levels were always less than two. | {
"signal": "see also",
"identifier": null,
"parenthetical": "noting that the \"likelihood that the actual results will fall more than one standard deviation beyond the expected results is about 32% ... [while] [f]or more than two standard deviations, it is about 4.6% and for more than three standard deviations, it is about [0].03%.\"",
"sentence": "See Castaneda v. Partida, 430 U.S. 482, 497 n. 12, 97 S.Ct. 1272, 1281 n. 12, 51 L.Ed.2d 498 (1977) (noting general rule that standard deviations greater than two or three necessarily exclude chance as a cause of underrepresentation); see also Kirkland v. New York State Dept, of Correctional Services, 711 F.2d 1117, 1131 n. 17 (2d Cir.1983) (noting that the \"likelihood that the actual results will fall more than one standard deviation beyond the expected results is about 32% ... [while] [f]or more than two standard deviations, it is about 4.6% and for more than three standard deviations, it is about [0].03%.”) (citation omitted), cert. denied, 465 U.S. 1005, 104 S.Ct. 997, 79 L.Ed.2d 230 (1984)."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "noting general rule that standard deviations greater than two or three necessarily exclude chance as a cause of underrepresentation",
"sentence": "See Castaneda v. Partida, 430 U.S. 482, 497 n. 12, 97 S.Ct. 1272, 1281 n. 12, 51 L.Ed.2d 498 (1977) (noting general rule that standard deviations greater than two or three necessarily exclude chance as a cause of underrepresentation); see also Kirkland v. New York State Dept, of Correctional Services, 711 F.2d 1117, 1131 n. 17 (2d Cir.1983) (noting that the \"likelihood that the actual results will fall more than one standard deviation beyond the expected results is about 32% ... [while] [f]or more than two standard deviations, it is about 4.6% and for more than three standard deviations, it is about [0].03%.”) (citation omitted), cert. denied, 465 U.S. 1005, 104 S.Ct. 997, 79 L.Ed.2d 230 (1984)."
} | 4,075,273 | b |
. In other words, the probability values derived from the Fisher's exact test at these various promotion levels in all instances but one exceeded 0.05 and the number of standard deviations at the same levels were always less than two. | {
"signal": "see also",
"identifier": null,
"parenthetical": "noting that the \"likelihood that the actual results will fall more than one standard deviation beyond the expected results is about 32% ... [while] [f]or more than two standard deviations, it is about 4.6% and for more than three standard deviations, it is about [0].03%.\"",
"sentence": "See Castaneda v. Partida, 430 U.S. 482, 497 n. 12, 97 S.Ct. 1272, 1281 n. 12, 51 L.Ed.2d 498 (1977) (noting general rule that standard deviations greater than two or three necessarily exclude chance as a cause of underrepresentation); see also Kirkland v. New York State Dept, of Correctional Services, 711 F.2d 1117, 1131 n. 17 (2d Cir.1983) (noting that the \"likelihood that the actual results will fall more than one standard deviation beyond the expected results is about 32% ... [while] [f]or more than two standard deviations, it is about 4.6% and for more than three standard deviations, it is about [0].03%.”) (citation omitted), cert. denied, 465 U.S. 1005, 104 S.Ct. 997, 79 L.Ed.2d 230 (1984)."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "noting general rule that standard deviations greater than two or three necessarily exclude chance as a cause of underrepresentation",
"sentence": "See Castaneda v. Partida, 430 U.S. 482, 497 n. 12, 97 S.Ct. 1272, 1281 n. 12, 51 L.Ed.2d 498 (1977) (noting general rule that standard deviations greater than two or three necessarily exclude chance as a cause of underrepresentation); see also Kirkland v. New York State Dept, of Correctional Services, 711 F.2d 1117, 1131 n. 17 (2d Cir.1983) (noting that the \"likelihood that the actual results will fall more than one standard deviation beyond the expected results is about 32% ... [while] [f]or more than two standard deviations, it is about 4.6% and for more than three standard deviations, it is about [0].03%.”) (citation omitted), cert. denied, 465 U.S. 1005, 104 S.Ct. 997, 79 L.Ed.2d 230 (1984)."
} | 4,075,273 | b |
. In other words, the probability values derived from the Fisher's exact test at these various promotion levels in all instances but one exceeded 0.05 and the number of standard deviations at the same levels were always less than two. | {
"signal": "see",
"identifier": null,
"parenthetical": "noting general rule that standard deviations greater than two or three necessarily exclude chance as a cause of underrepresentation",
"sentence": "See Castaneda v. Partida, 430 U.S. 482, 497 n. 12, 97 S.Ct. 1272, 1281 n. 12, 51 L.Ed.2d 498 (1977) (noting general rule that standard deviations greater than two or three necessarily exclude chance as a cause of underrepresentation); see also Kirkland v. New York State Dept, of Correctional Services, 711 F.2d 1117, 1131 n. 17 (2d Cir.1983) (noting that the \"likelihood that the actual results will fall more than one standard deviation beyond the expected results is about 32% ... [while] [f]or more than two standard deviations, it is about 4.6% and for more than three standard deviations, it is about [0].03%.”) (citation omitted), cert. denied, 465 U.S. 1005, 104 S.Ct. 997, 79 L.Ed.2d 230 (1984)."
} | {
"signal": "see also",
"identifier": null,
"parenthetical": "noting that the \"likelihood that the actual results will fall more than one standard deviation beyond the expected results is about 32% ... [while] [f]or more than two standard deviations, it is about 4.6% and for more than three standard deviations, it is about [0].03%.\"",
"sentence": "See Castaneda v. Partida, 430 U.S. 482, 497 n. 12, 97 S.Ct. 1272, 1281 n. 12, 51 L.Ed.2d 498 (1977) (noting general rule that standard deviations greater than two or three necessarily exclude chance as a cause of underrepresentation); see also Kirkland v. New York State Dept, of Correctional Services, 711 F.2d 1117, 1131 n. 17 (2d Cir.1983) (noting that the \"likelihood that the actual results will fall more than one standard deviation beyond the expected results is about 32% ... [while] [f]or more than two standard deviations, it is about 4.6% and for more than three standard deviations, it is about [0].03%.”) (citation omitted), cert. denied, 465 U.S. 1005, 104 S.Ct. 997, 79 L.Ed.2d 230 (1984)."
} | 4,075,273 | a |
. In other words, the probability values derived from the Fisher's exact test at these various promotion levels in all instances but one exceeded 0.05 and the number of standard deviations at the same levels were always less than two. | {
"signal": "see also",
"identifier": null,
"parenthetical": "noting that the \"likelihood that the actual results will fall more than one standard deviation beyond the expected results is about 32% ... [while] [f]or more than two standard deviations, it is about 4.6% and for more than three standard deviations, it is about [0].03%.\"",
"sentence": "See Castaneda v. Partida, 430 U.S. 482, 497 n. 12, 97 S.Ct. 1272, 1281 n. 12, 51 L.Ed.2d 498 (1977) (noting general rule that standard deviations greater than two or three necessarily exclude chance as a cause of underrepresentation); see also Kirkland v. New York State Dept, of Correctional Services, 711 F.2d 1117, 1131 n. 17 (2d Cir.1983) (noting that the \"likelihood that the actual results will fall more than one standard deviation beyond the expected results is about 32% ... [while] [f]or more than two standard deviations, it is about 4.6% and for more than three standard deviations, it is about [0].03%.”) (citation omitted), cert. denied, 465 U.S. 1005, 104 S.Ct. 997, 79 L.Ed.2d 230 (1984)."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "noting general rule that standard deviations greater than two or three necessarily exclude chance as a cause of underrepresentation",
"sentence": "See Castaneda v. Partida, 430 U.S. 482, 497 n. 12, 97 S.Ct. 1272, 1281 n. 12, 51 L.Ed.2d 498 (1977) (noting general rule that standard deviations greater than two or three necessarily exclude chance as a cause of underrepresentation); see also Kirkland v. New York State Dept, of Correctional Services, 711 F.2d 1117, 1131 n. 17 (2d Cir.1983) (noting that the \"likelihood that the actual results will fall more than one standard deviation beyond the expected results is about 32% ... [while] [f]or more than two standard deviations, it is about 4.6% and for more than three standard deviations, it is about [0].03%.”) (citation omitted), cert. denied, 465 U.S. 1005, 104 S.Ct. 997, 79 L.Ed.2d 230 (1984)."
} | 4,075,273 | b |
. In other words, the probability values derived from the Fisher's exact test at these various promotion levels in all instances but one exceeded 0.05 and the number of standard deviations at the same levels were always less than two. | {
"signal": "see also",
"identifier": null,
"parenthetical": "noting that the \"likelihood that the actual results will fall more than one standard deviation beyond the expected results is about 32% ... [while] [f]or more than two standard deviations, it is about 4.6% and for more than three standard deviations, it is about [0].03%.\"",
"sentence": "See Castaneda v. Partida, 430 U.S. 482, 497 n. 12, 97 S.Ct. 1272, 1281 n. 12, 51 L.Ed.2d 498 (1977) (noting general rule that standard deviations greater than two or three necessarily exclude chance as a cause of underrepresentation); see also Kirkland v. New York State Dept, of Correctional Services, 711 F.2d 1117, 1131 n. 17 (2d Cir.1983) (noting that the \"likelihood that the actual results will fall more than one standard deviation beyond the expected results is about 32% ... [while] [f]or more than two standard deviations, it is about 4.6% and for more than three standard deviations, it is about [0].03%.”) (citation omitted), cert. denied, 465 U.S. 1005, 104 S.Ct. 997, 79 L.Ed.2d 230 (1984)."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "noting general rule that standard deviations greater than two or three necessarily exclude chance as a cause of underrepresentation",
"sentence": "See Castaneda v. Partida, 430 U.S. 482, 497 n. 12, 97 S.Ct. 1272, 1281 n. 12, 51 L.Ed.2d 498 (1977) (noting general rule that standard deviations greater than two or three necessarily exclude chance as a cause of underrepresentation); see also Kirkland v. New York State Dept, of Correctional Services, 711 F.2d 1117, 1131 n. 17 (2d Cir.1983) (noting that the \"likelihood that the actual results will fall more than one standard deviation beyond the expected results is about 32% ... [while] [f]or more than two standard deviations, it is about 4.6% and for more than three standard deviations, it is about [0].03%.”) (citation omitted), cert. denied, 465 U.S. 1005, 104 S.Ct. 997, 79 L.Ed.2d 230 (1984)."
} | 4,075,273 | b |
Pursuant to section 4654(c), expenses associated with filing a Fifth Amendment takings claim are reimbursable; expenses incurred prior and not directly related to the filing itself are not. | {
"signal": "see also",
"identifier": "208 Ct.Cl. 522, 527",
"parenthetical": "holding \"that the plain language of 42 U.S.C. SS 4654(c) precludes the court from including in its award to the plaintiffs any reimbursement for expenses incurred by the plaintiffs before they decided to file suit in the Court of Claims under 28 U.S.C.- SS 1491.\"",
"sentence": "See, e.g., Preseault v. United States, 52 Fed.Cl. 667, 671 (2002) (“Section 4654(c) does not provide for the reimbursement of expenses incurred by plaintiffs before their decision to file suit in the Court of Federal Claims.”); see also Emeny v. United States, 208 Ct.Cl. 522, 527, 526 F.2d 1121 (1975) (holding “that the plain language of 42 U.S.C. § 4654(c) precludes the court from including in its award to the plaintiffs any reimbursement for expenses incurred by the plaintiffs before they decided to file suit in the Court of Claims under 28 U.S.C.- § 1491.”). Although the Court acknowledges that Marzulla Law may have used the factual and legal knowledge it gained by drafting the preliminary report in litigating Otay Mesa’s takings claim, ultimately this fee was not incurred “because of such proceeding.” 42 U.S.C. § 4654(c). As such, it is not within this Court’s purview to award compensation to Otay Mesa for the litigation strategy memorandum."
} | {
"signal": "see",
"identifier": "52 Fed.Cl. 667, 671",
"parenthetical": "\"Section 4654(c) does not provide for the reimbursement of expenses incurred by plaintiffs before their decision to file suit in the Court of Federal Claims.\"",
"sentence": "See, e.g., Preseault v. United States, 52 Fed.Cl. 667, 671 (2002) (“Section 4654(c) does not provide for the reimbursement of expenses incurred by plaintiffs before their decision to file suit in the Court of Federal Claims.”); see also Emeny v. United States, 208 Ct.Cl. 522, 527, 526 F.2d 1121 (1975) (holding “that the plain language of 42 U.S.C. § 4654(c) precludes the court from including in its award to the plaintiffs any reimbursement for expenses incurred by the plaintiffs before they decided to file suit in the Court of Claims under 28 U.S.C.- § 1491.”). Although the Court acknowledges that Marzulla Law may have used the factual and legal knowledge it gained by drafting the preliminary report in litigating Otay Mesa’s takings claim, ultimately this fee was not incurred “because of such proceeding.” 42 U.S.C. § 4654(c). As such, it is not within this Court’s purview to award compensation to Otay Mesa for the litigation strategy memorandum."
} | 3,998,558 | b |
Pursuant to section 4654(c), expenses associated with filing a Fifth Amendment takings claim are reimbursable; expenses incurred prior and not directly related to the filing itself are not. | {
"signal": "see also",
"identifier": null,
"parenthetical": "holding \"that the plain language of 42 U.S.C. SS 4654(c) precludes the court from including in its award to the plaintiffs any reimbursement for expenses incurred by the plaintiffs before they decided to file suit in the Court of Claims under 28 U.S.C.- SS 1491.\"",
"sentence": "See, e.g., Preseault v. United States, 52 Fed.Cl. 667, 671 (2002) (“Section 4654(c) does not provide for the reimbursement of expenses incurred by plaintiffs before their decision to file suit in the Court of Federal Claims.”); see also Emeny v. United States, 208 Ct.Cl. 522, 527, 526 F.2d 1121 (1975) (holding “that the plain language of 42 U.S.C. § 4654(c) precludes the court from including in its award to the plaintiffs any reimbursement for expenses incurred by the plaintiffs before they decided to file suit in the Court of Claims under 28 U.S.C.- § 1491.”). Although the Court acknowledges that Marzulla Law may have used the factual and legal knowledge it gained by drafting the preliminary report in litigating Otay Mesa’s takings claim, ultimately this fee was not incurred “because of such proceeding.” 42 U.S.C. § 4654(c). As such, it is not within this Court’s purview to award compensation to Otay Mesa for the litigation strategy memorandum."
} | {
"signal": "see",
"identifier": "52 Fed.Cl. 667, 671",
"parenthetical": "\"Section 4654(c) does not provide for the reimbursement of expenses incurred by plaintiffs before their decision to file suit in the Court of Federal Claims.\"",
"sentence": "See, e.g., Preseault v. United States, 52 Fed.Cl. 667, 671 (2002) (“Section 4654(c) does not provide for the reimbursement of expenses incurred by plaintiffs before their decision to file suit in the Court of Federal Claims.”); see also Emeny v. United States, 208 Ct.Cl. 522, 527, 526 F.2d 1121 (1975) (holding “that the plain language of 42 U.S.C. § 4654(c) precludes the court from including in its award to the plaintiffs any reimbursement for expenses incurred by the plaintiffs before they decided to file suit in the Court of Claims under 28 U.S.C.- § 1491.”). Although the Court acknowledges that Marzulla Law may have used the factual and legal knowledge it gained by drafting the preliminary report in litigating Otay Mesa’s takings claim, ultimately this fee was not incurred “because of such proceeding.” 42 U.S.C. § 4654(c). As such, it is not within this Court’s purview to award compensation to Otay Mesa for the litigation strategy memorandum."
} | 3,998,558 | b |
On the other hand, mere mention of an intent to obtain a warrant or command authorization does not vitiate consent. The question in each case is whether, under the totality of the circumstances, the consent is truly voluntary. | {
"signal": "see",
"identifier": "31 MJ 130, 133",
"parenthetical": "mention of intent to seek command authorization \"must be done in an appropriate manner so as to make the resulting consent truly voluntary\"",
"sentence": "See United States v. McClain, 31 MJ 130, 133 (CMA 1990) (mention of intent to seek command authorization “must be done in an appropriate manner so as to make the resulting consent truly voluntary”); see also United States v. White, 979 F.2d 539, 542 (7th Cir.1992) (“When the expressed intention to obtain a warrant is genuine ... and not merely a pretext to induce submission, it does not vitiate consent.”); United States v. Faruolo, 506 F.2d 490, 494 (2d Cir.1974) (consent voluntarily given even though FBI agent said warrant would be sought and probably would be given)."
} | {
"signal": "see also",
"identifier": "979 F.2d 539, 542",
"parenthetical": "\"When the expressed intention to obtain a warrant is genuine ... and not merely a pretext to induce submission, it does not vitiate consent.\"",
"sentence": "See United States v. McClain, 31 MJ 130, 133 (CMA 1990) (mention of intent to seek command authorization “must be done in an appropriate manner so as to make the resulting consent truly voluntary”); see also United States v. White, 979 F.2d 539, 542 (7th Cir.1992) (“When the expressed intention to obtain a warrant is genuine ... and not merely a pretext to induce submission, it does not vitiate consent.”); United States v. Faruolo, 506 F.2d 490, 494 (2d Cir.1974) (consent voluntarily given even though FBI agent said warrant would be sought and probably would be given)."
} | 80,929 | a |
On the other hand, mere mention of an intent to obtain a warrant or command authorization does not vitiate consent. The question in each case is whether, under the totality of the circumstances, the consent is truly voluntary. | {
"signal": "see",
"identifier": "31 MJ 130, 133",
"parenthetical": "mention of intent to seek command authorization \"must be done in an appropriate manner so as to make the resulting consent truly voluntary\"",
"sentence": "See United States v. McClain, 31 MJ 130, 133 (CMA 1990) (mention of intent to seek command authorization “must be done in an appropriate manner so as to make the resulting consent truly voluntary”); see also United States v. White, 979 F.2d 539, 542 (7th Cir.1992) (“When the expressed intention to obtain a warrant is genuine ... and not merely a pretext to induce submission, it does not vitiate consent.”); United States v. Faruolo, 506 F.2d 490, 494 (2d Cir.1974) (consent voluntarily given even though FBI agent said warrant would be sought and probably would be given)."
} | {
"signal": "see also",
"identifier": "506 F.2d 490, 494",
"parenthetical": "consent voluntarily given even though FBI agent said warrant would be sought and probably would be given",
"sentence": "See United States v. McClain, 31 MJ 130, 133 (CMA 1990) (mention of intent to seek command authorization “must be done in an appropriate manner so as to make the resulting consent truly voluntary”); see also United States v. White, 979 F.2d 539, 542 (7th Cir.1992) (“When the expressed intention to obtain a warrant is genuine ... and not merely a pretext to induce submission, it does not vitiate consent.”); United States v. Faruolo, 506 F.2d 490, 494 (2d Cir.1974) (consent voluntarily given even though FBI agent said warrant would be sought and probably would be given)."
} | 80,929 | a |
The Fourth Circuit has also adopted this interpretation of section 33(f) in determining apportionment among parties. See I.T.O. | {
"signal": "no signal",
"identifier": null,
"parenthetical": "\"Employer's offset rights [under section 33(g)] are limited to the portion intended for the claimant since the claimant is the 'person entitled to compensation.' \"",
"sentence": "Corp. of Baltimore v. Sellman, 967 F.2d 971 (4th Cir.), cert. denied, — U.S. -, 113 S.Ct. 1579, 123 L.Ed.2d 147 (1993) (“Employer’s offset rights [under section 33(g)] are limited to the portion intended for the claimant since the claimant is the ‘person entitled to compensation.’ ”)."
} | {
"signal": "see also",
"identifier": "29 F.3d 966, 972",
"parenthetical": "in the context of an employer's lien, \"[e]m-ployer's offset rights are limited to the portion of the recovery intended for the employee\"",
"sentence": "See also Brown v. Forest Oil Corp., 29 F.3d 966, 972 (5th Cir.1994) (in the context of an employer’s lien, “[e]m-ployer’s offset rights are limited to the portion of the recovery intended for the employee”)."
} | 7,411,750 | a |
The Fourth Circuit has also adopted this interpretation of section 33(f) in determining apportionment among parties. See I.T.O. | {
"signal": "see also",
"identifier": "29 F.3d 966, 972",
"parenthetical": "in the context of an employer's lien, \"[e]m-ployer's offset rights are limited to the portion of the recovery intended for the employee\"",
"sentence": "See also Brown v. Forest Oil Corp., 29 F.3d 966, 972 (5th Cir.1994) (in the context of an employer’s lien, “[e]m-ployer’s offset rights are limited to the portion of the recovery intended for the employee”)."
} | {
"signal": "no signal",
"identifier": null,
"parenthetical": "\"Employer's offset rights [under section 33(g)] are limited to the portion intended for the claimant since the claimant is the 'person entitled to compensation.' \"",
"sentence": "Corp. of Baltimore v. Sellman, 967 F.2d 971 (4th Cir.), cert. denied, — U.S. -, 113 S.Ct. 1579, 123 L.Ed.2d 147 (1993) (“Employer’s offset rights [under section 33(g)] are limited to the portion intended for the claimant since the claimant is the ‘person entitled to compensation.’ ”)."
} | 7,411,750 | b |
Griego has alleged no formal or written policy-- whether an informal policy exists at all is ultimately a question of fact -- and so the analysis changes. Discriminatory application of a facially' neutral law -- and New Mexico's domestic-battery statute is facially neutral -- violates the Equal Protection Clause when there is a showing of both (i) discriminatory intent or purpose; and (ii) discriminatory effect. | {
"signal": "see",
"identifier": "426 U.S. 229, 239",
"parenthetical": "\"[0]ur cases have not embraced the proposition that a law or other official act, without regard to whether it reflects a racially discriminatory purpose, is unconstitutional solely because it has a racially disproportionate impact.\" (emphasis in original",
"sentence": "See United States v. Armstrong, 517 U.S. 456, 465, 116 S.Ct. 1480, 134 L.Ed.2d 687 (1996); Washington v. Davis, 426 U.S. 229, 239, 96 S.Ct. 2040, 48 L.Ed.2d 597 (1976) (“[0]ur cases have not embraced the proposition that a law or other official act, without regard to whether it reflects a racially discriminatory purpose, is unconstitutional solely because it has a racially disproportionate impact.” (emphasis in original)); Palmer v. Thompson, 403 U.S. 217, 224, 91 S.Ct. 1940, 29 L.Ed.2d 438 (1971) (“[N]o case in this Court has held that a legislative act may violate equal protection solely because of the motivations of the men who voted for it.”)."
} | {
"signal": "see also",
"identifier": "143 F.3d 1299, 1312",
"parenthetical": "holding that, \"to assert a viable equal protection claim, plaintiffs must first make a threshold showing that they were differently treated from others who were similarly situated to them\"",
"sentence": "See also Marsh v. Newton, 134 F.3d 383, at *2 (10th Cir.1998) (unpublished) (“‘To establish a gender-based claim under the Equal Protection Clause, [the plaintiff] must, .as a threshold matter, demonstrate that [the plaintiff has] been treated differently by a state actor than others who are similarly situated simply because [the plaintiff] belong[s] to a particular class.’” (quoting Keevan v. Smith, 100 F.3d 644, 647-48 (8th Cir.1996))); Barney v. Pulsipher, 143 F.3d 1299, 1312 (10th Cir.1998) (holding that, “to assert a viable equal protection claim, plaintiffs must first make a threshold showing that they were differently treated from others who were similarly situated to them”). If the plaintiff can produce evidence of discriminatory purpose, then the burden shifts to the government to prove that it would have taken the same action without the discriminatory motivation."
} | 6,840,381 | a |
Griego has alleged no formal or written policy-- whether an informal policy exists at all is ultimately a question of fact -- and so the analysis changes. Discriminatory application of a facially' neutral law -- and New Mexico's domestic-battery statute is facially neutral -- violates the Equal Protection Clause when there is a showing of both (i) discriminatory intent or purpose; and (ii) discriminatory effect. | {
"signal": "see",
"identifier": null,
"parenthetical": "\"[0]ur cases have not embraced the proposition that a law or other official act, without regard to whether it reflects a racially discriminatory purpose, is unconstitutional solely because it has a racially disproportionate impact.\" (emphasis in original",
"sentence": "See United States v. Armstrong, 517 U.S. 456, 465, 116 S.Ct. 1480, 134 L.Ed.2d 687 (1996); Washington v. Davis, 426 U.S. 229, 239, 96 S.Ct. 2040, 48 L.Ed.2d 597 (1976) (“[0]ur cases have not embraced the proposition that a law or other official act, without regard to whether it reflects a racially discriminatory purpose, is unconstitutional solely because it has a racially disproportionate impact.” (emphasis in original)); Palmer v. Thompson, 403 U.S. 217, 224, 91 S.Ct. 1940, 29 L.Ed.2d 438 (1971) (“[N]o case in this Court has held that a legislative act may violate equal protection solely because of the motivations of the men who voted for it.”)."
} | {
"signal": "see also",
"identifier": "143 F.3d 1299, 1312",
"parenthetical": "holding that, \"to assert a viable equal protection claim, plaintiffs must first make a threshold showing that they were differently treated from others who were similarly situated to them\"",
"sentence": "See also Marsh v. Newton, 134 F.3d 383, at *2 (10th Cir.1998) (unpublished) (“‘To establish a gender-based claim under the Equal Protection Clause, [the plaintiff] must, .as a threshold matter, demonstrate that [the plaintiff has] been treated differently by a state actor than others who are similarly situated simply because [the plaintiff] belong[s] to a particular class.’” (quoting Keevan v. Smith, 100 F.3d 644, 647-48 (8th Cir.1996))); Barney v. Pulsipher, 143 F.3d 1299, 1312 (10th Cir.1998) (holding that, “to assert a viable equal protection claim, plaintiffs must first make a threshold showing that they were differently treated from others who were similarly situated to them”). If the plaintiff can produce evidence of discriminatory purpose, then the burden shifts to the government to prove that it would have taken the same action without the discriminatory motivation."
} | 6,840,381 | a |
Griego has alleged no formal or written policy-- whether an informal policy exists at all is ultimately a question of fact -- and so the analysis changes. Discriminatory application of a facially' neutral law -- and New Mexico's domestic-battery statute is facially neutral -- violates the Equal Protection Clause when there is a showing of both (i) discriminatory intent or purpose; and (ii) discriminatory effect. | {
"signal": "see",
"identifier": null,
"parenthetical": "\"[0]ur cases have not embraced the proposition that a law or other official act, without regard to whether it reflects a racially discriminatory purpose, is unconstitutional solely because it has a racially disproportionate impact.\" (emphasis in original",
"sentence": "See United States v. Armstrong, 517 U.S. 456, 465, 116 S.Ct. 1480, 134 L.Ed.2d 687 (1996); Washington v. Davis, 426 U.S. 229, 239, 96 S.Ct. 2040, 48 L.Ed.2d 597 (1976) (“[0]ur cases have not embraced the proposition that a law or other official act, without regard to whether it reflects a racially discriminatory purpose, is unconstitutional solely because it has a racially disproportionate impact.” (emphasis in original)); Palmer v. Thompson, 403 U.S. 217, 224, 91 S.Ct. 1940, 29 L.Ed.2d 438 (1971) (“[N]o case in this Court has held that a legislative act may violate equal protection solely because of the motivations of the men who voted for it.”)."
} | {
"signal": "see also",
"identifier": "143 F.3d 1299, 1312",
"parenthetical": "holding that, \"to assert a viable equal protection claim, plaintiffs must first make a threshold showing that they were differently treated from others who were similarly situated to them\"",
"sentence": "See also Marsh v. Newton, 134 F.3d 383, at *2 (10th Cir.1998) (unpublished) (“‘To establish a gender-based claim under the Equal Protection Clause, [the plaintiff] must, .as a threshold matter, demonstrate that [the plaintiff has] been treated differently by a state actor than others who are similarly situated simply because [the plaintiff] belong[s] to a particular class.’” (quoting Keevan v. Smith, 100 F.3d 644, 647-48 (8th Cir.1996))); Barney v. Pulsipher, 143 F.3d 1299, 1312 (10th Cir.1998) (holding that, “to assert a viable equal protection claim, plaintiffs must first make a threshold showing that they were differently treated from others who were similarly situated to them”). If the plaintiff can produce evidence of discriminatory purpose, then the burden shifts to the government to prove that it would have taken the same action without the discriminatory motivation."
} | 6,840,381 | a |
Griego has alleged no formal or written policy-- whether an informal policy exists at all is ultimately a question of fact -- and so the analysis changes. Discriminatory application of a facially' neutral law -- and New Mexico's domestic-battery statute is facially neutral -- violates the Equal Protection Clause when there is a showing of both (i) discriminatory intent or purpose; and (ii) discriminatory effect. | {
"signal": "see also",
"identifier": "143 F.3d 1299, 1312",
"parenthetical": "holding that, \"to assert a viable equal protection claim, plaintiffs must first make a threshold showing that they were differently treated from others who were similarly situated to them\"",
"sentence": "See also Marsh v. Newton, 134 F.3d 383, at *2 (10th Cir.1998) (unpublished) (“‘To establish a gender-based claim under the Equal Protection Clause, [the plaintiff] must, .as a threshold matter, demonstrate that [the plaintiff has] been treated differently by a state actor than others who are similarly situated simply because [the plaintiff] belong[s] to a particular class.’” (quoting Keevan v. Smith, 100 F.3d 644, 647-48 (8th Cir.1996))); Barney v. Pulsipher, 143 F.3d 1299, 1312 (10th Cir.1998) (holding that, “to assert a viable equal protection claim, plaintiffs must first make a threshold showing that they were differently treated from others who were similarly situated to them”). If the plaintiff can produce evidence of discriminatory purpose, then the burden shifts to the government to prove that it would have taken the same action without the discriminatory motivation."
} | {
"signal": "see",
"identifier": "403 U.S. 217, 224",
"parenthetical": "\"[N]o case in this Court has held that a legislative act may violate equal protection solely because of the motivations of the men who voted for it.\"",
"sentence": "See United States v. Armstrong, 517 U.S. 456, 465, 116 S.Ct. 1480, 134 L.Ed.2d 687 (1996); Washington v. Davis, 426 U.S. 229, 239, 96 S.Ct. 2040, 48 L.Ed.2d 597 (1976) (“[0]ur cases have not embraced the proposition that a law or other official act, without regard to whether it reflects a racially discriminatory purpose, is unconstitutional solely because it has a racially disproportionate impact.” (emphasis in original)); Palmer v. Thompson, 403 U.S. 217, 224, 91 S.Ct. 1940, 29 L.Ed.2d 438 (1971) (“[N]o case in this Court has held that a legislative act may violate equal protection solely because of the motivations of the men who voted for it.”)."
} | 6,840,381 | b |
Griego has alleged no formal or written policy-- whether an informal policy exists at all is ultimately a question of fact -- and so the analysis changes. Discriminatory application of a facially' neutral law -- and New Mexico's domestic-battery statute is facially neutral -- violates the Equal Protection Clause when there is a showing of both (i) discriminatory intent or purpose; and (ii) discriminatory effect. | {
"signal": "see",
"identifier": null,
"parenthetical": "\"[N]o case in this Court has held that a legislative act may violate equal protection solely because of the motivations of the men who voted for it.\"",
"sentence": "See United States v. Armstrong, 517 U.S. 456, 465, 116 S.Ct. 1480, 134 L.Ed.2d 687 (1996); Washington v. Davis, 426 U.S. 229, 239, 96 S.Ct. 2040, 48 L.Ed.2d 597 (1976) (“[0]ur cases have not embraced the proposition that a law or other official act, without regard to whether it reflects a racially discriminatory purpose, is unconstitutional solely because it has a racially disproportionate impact.” (emphasis in original)); Palmer v. Thompson, 403 U.S. 217, 224, 91 S.Ct. 1940, 29 L.Ed.2d 438 (1971) (“[N]o case in this Court has held that a legislative act may violate equal protection solely because of the motivations of the men who voted for it.”)."
} | {
"signal": "see also",
"identifier": "143 F.3d 1299, 1312",
"parenthetical": "holding that, \"to assert a viable equal protection claim, plaintiffs must first make a threshold showing that they were differently treated from others who were similarly situated to them\"",
"sentence": "See also Marsh v. Newton, 134 F.3d 383, at *2 (10th Cir.1998) (unpublished) (“‘To establish a gender-based claim under the Equal Protection Clause, [the plaintiff] must, .as a threshold matter, demonstrate that [the plaintiff has] been treated differently by a state actor than others who are similarly situated simply because [the plaintiff] belong[s] to a particular class.’” (quoting Keevan v. Smith, 100 F.3d 644, 647-48 (8th Cir.1996))); Barney v. Pulsipher, 143 F.3d 1299, 1312 (10th Cir.1998) (holding that, “to assert a viable equal protection claim, plaintiffs must first make a threshold showing that they were differently treated from others who were similarly situated to them”). If the plaintiff can produce evidence of discriminatory purpose, then the burden shifts to the government to prove that it would have taken the same action without the discriminatory motivation."
} | 6,840,381 | a |
Griego has alleged no formal or written policy-- whether an informal policy exists at all is ultimately a question of fact -- and so the analysis changes. Discriminatory application of a facially' neutral law -- and New Mexico's domestic-battery statute is facially neutral -- violates the Equal Protection Clause when there is a showing of both (i) discriminatory intent or purpose; and (ii) discriminatory effect. | {
"signal": "see",
"identifier": null,
"parenthetical": "\"[N]o case in this Court has held that a legislative act may violate equal protection solely because of the motivations of the men who voted for it.\"",
"sentence": "See United States v. Armstrong, 517 U.S. 456, 465, 116 S.Ct. 1480, 134 L.Ed.2d 687 (1996); Washington v. Davis, 426 U.S. 229, 239, 96 S.Ct. 2040, 48 L.Ed.2d 597 (1976) (“[0]ur cases have not embraced the proposition that a law or other official act, without regard to whether it reflects a racially discriminatory purpose, is unconstitutional solely because it has a racially disproportionate impact.” (emphasis in original)); Palmer v. Thompson, 403 U.S. 217, 224, 91 S.Ct. 1940, 29 L.Ed.2d 438 (1971) (“[N]o case in this Court has held that a legislative act may violate equal protection solely because of the motivations of the men who voted for it.”)."
} | {
"signal": "see also",
"identifier": "143 F.3d 1299, 1312",
"parenthetical": "holding that, \"to assert a viable equal protection claim, plaintiffs must first make a threshold showing that they were differently treated from others who were similarly situated to them\"",
"sentence": "See also Marsh v. Newton, 134 F.3d 383, at *2 (10th Cir.1998) (unpublished) (“‘To establish a gender-based claim under the Equal Protection Clause, [the plaintiff] must, .as a threshold matter, demonstrate that [the plaintiff has] been treated differently by a state actor than others who are similarly situated simply because [the plaintiff] belong[s] to a particular class.’” (quoting Keevan v. Smith, 100 F.3d 644, 647-48 (8th Cir.1996))); Barney v. Pulsipher, 143 F.3d 1299, 1312 (10th Cir.1998) (holding that, “to assert a viable equal protection claim, plaintiffs must first make a threshold showing that they were differently treated from others who were similarly situated to them”). If the plaintiff can produce evidence of discriminatory purpose, then the burden shifts to the government to prove that it would have taken the same action without the discriminatory motivation."
} | 6,840,381 | a |
Addressing the Title VII claim, the Miller court recognized that the term "employer" includes the employer's "agent"; however, it agreed with the trial court that "the obvious purpose of this agent provision was to incorporate respondeat superior liability into the statute." | {
"signal": "cf.",
"identifier": "929 F.2d 220, 224",
"parenthetical": "employer liable for harassment by its employee under respondeat superior theory when it knew or should have known about harassment and failed to implement corrective action",
"sentence": "Id. at 587 (brackets omitted); see Sauers v. Salt Lake Co., 1 F.3d 1122, 1125 (10th Cir.1993) (when a plaintiff sues a supervisor under Title VII, the supervisor “operates as the alter ego of the employer, and the employer is liable for the unlawful employment practices”); cf. Bell v. Chesapeake & Ohio Ry. Co., 929 F.2d 220, 224 (6th Cir. 1991) (employer liable for harassment by its employee under respondeat superior theory when it knew or should have known about harassment and failed to implement corrective action)."
} | {
"signal": "see",
"identifier": "1 F.3d 1122, 1125",
"parenthetical": "when a plaintiff sues a supervisor under Title VII, the supervisor \"operates as the alter ego of the employer, and the employer is liable for the unlawful employment practices\"",
"sentence": "Id. at 587 (brackets omitted); see Sauers v. Salt Lake Co., 1 F.3d 1122, 1125 (10th Cir.1993) (when a plaintiff sues a supervisor under Title VII, the supervisor “operates as the alter ego of the employer, and the employer is liable for the unlawful employment practices”); cf. Bell v. Chesapeake & Ohio Ry. Co., 929 F.2d 220, 224 (6th Cir. 1991) (employer liable for harassment by its employee under respondeat superior theory when it knew or should have known about harassment and failed to implement corrective action)."
} | 3,839,688 | b |
The Court of Appeals noted as much when remanding the instant action to this Court. (See Doc. No. 114 at 5 n. 2.) While the undersigned agrees with Plaintiff that a decision by one district judge may well be persuasive to another district judge, the simple fact of the matter is that judges are not bound to hew even to themselves and frequently depart from the logic of their brothers and sisters. | {
"signal": "see",
"identifier": null,
"parenthetical": "noting split on a legal issue within the District of Minnesota and that the undersigned had, at different times, chosen to adopt different answers on the issue",
"sentence": "See, e.g., Springer v. McLane Co., 692 F.Supp.2d 1050, 1059 & n. 13 (D.Minn.2010) (Kyle, J.) (noting split on a legal issue within the District of Minnesota and that the undersigned had, at different times, chosen to adopt different answers on the issue); see also IBM Credit Corp. v. United Home for Aged Hebrews, 848 F.Supp. 495, 497 (S.D.N.Y.1994) (“District court rulings have influence only to the extent that jurists in other cases find them convincing.”)."
} | {
"signal": "see also",
"identifier": "848 F.Supp. 495, 497",
"parenthetical": "\"District court rulings have influence only to the extent that jurists in other cases find them convincing.\"",
"sentence": "See, e.g., Springer v. McLane Co., 692 F.Supp.2d 1050, 1059 & n. 13 (D.Minn.2010) (Kyle, J.) (noting split on a legal issue within the District of Minnesota and that the undersigned had, at different times, chosen to adopt different answers on the issue); see also IBM Credit Corp. v. United Home for Aged Hebrews, 848 F.Supp. 495, 497 (S.D.N.Y.1994) (“District court rulings have influence only to the extent that jurists in other cases find them convincing.”)."
} | 4,365,470 | a |
Unlike the Remmer facts, we find no evidence of deliberate coercion in the record and no evidence of an unintended effect tantamount to FBI questioning of a juror during deliberations. | {
"signal": "see also",
"identifier": null,
"parenthetical": "bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless",
"sentence": "See United States v. Armstrong, 654 F.2d 1328 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.Ct. 1032, 71 L.Ed.2d 315 (1982) (numerous ex parte contacts deemed harmless, including court note to “return a verdict” following rescission of jury note saying jury “deadlock[ed]”); United States v. Weiner, 578 F.2d 757, 765 (9th Cir.), cert. denied, 439 U.S. 981, 99 S.Ct. 568, 58 L.Ed.2d 651 (1978) (bailiff statement that he “assumed ... judge would ‘like’ a verdict” harmless); see also United States v. Brumbaugh, 471 F.2d 1128 (6th Cir.), cert. denied, 412 U.S. 918, 93 S.Ct. 2732, 37 L.Ed.2d 144 (1973) (bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless); Callanan v. United States, 223 F.2d 171, 180-81 (8th Cir.), cert. denied, 350 U.S. 862, 76 S.Ct. 102, 100 L.Ed. 764 (1955) (deputy marshal’s comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless)."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "numerous ex parte contacts deemed harmless, including court note to \"return a verdict\" following rescission of jury note saying jury \"deadlock[ed]\"",
"sentence": "See United States v. Armstrong, 654 F.2d 1328 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.Ct. 1032, 71 L.Ed.2d 315 (1982) (numerous ex parte contacts deemed harmless, including court note to “return a verdict” following rescission of jury note saying jury “deadlock[ed]”); United States v. Weiner, 578 F.2d 757, 765 (9th Cir.), cert. denied, 439 U.S. 981, 99 S.Ct. 568, 58 L.Ed.2d 651 (1978) (bailiff statement that he “assumed ... judge would ‘like’ a verdict” harmless); see also United States v. Brumbaugh, 471 F.2d 1128 (6th Cir.), cert. denied, 412 U.S. 918, 93 S.Ct. 2732, 37 L.Ed.2d 144 (1973) (bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless); Callanan v. United States, 223 F.2d 171, 180-81 (8th Cir.), cert. denied, 350 U.S. 862, 76 S.Ct. 102, 100 L.Ed. 764 (1955) (deputy marshal’s comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless)."
} | 10,548,216 | b |
Unlike the Remmer facts, we find no evidence of deliberate coercion in the record and no evidence of an unintended effect tantamount to FBI questioning of a juror during deliberations. | {
"signal": "see also",
"identifier": null,
"parenthetical": "bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless",
"sentence": "See United States v. Armstrong, 654 F.2d 1328 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.Ct. 1032, 71 L.Ed.2d 315 (1982) (numerous ex parte contacts deemed harmless, including court note to “return a verdict” following rescission of jury note saying jury “deadlock[ed]”); United States v. Weiner, 578 F.2d 757, 765 (9th Cir.), cert. denied, 439 U.S. 981, 99 S.Ct. 568, 58 L.Ed.2d 651 (1978) (bailiff statement that he “assumed ... judge would ‘like’ a verdict” harmless); see also United States v. Brumbaugh, 471 F.2d 1128 (6th Cir.), cert. denied, 412 U.S. 918, 93 S.Ct. 2732, 37 L.Ed.2d 144 (1973) (bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless); Callanan v. United States, 223 F.2d 171, 180-81 (8th Cir.), cert. denied, 350 U.S. 862, 76 S.Ct. 102, 100 L.Ed. 764 (1955) (deputy marshal’s comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless)."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "numerous ex parte contacts deemed harmless, including court note to \"return a verdict\" following rescission of jury note saying jury \"deadlock[ed]\"",
"sentence": "See United States v. Armstrong, 654 F.2d 1328 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.Ct. 1032, 71 L.Ed.2d 315 (1982) (numerous ex parte contacts deemed harmless, including court note to “return a verdict” following rescission of jury note saying jury “deadlock[ed]”); United States v. Weiner, 578 F.2d 757, 765 (9th Cir.), cert. denied, 439 U.S. 981, 99 S.Ct. 568, 58 L.Ed.2d 651 (1978) (bailiff statement that he “assumed ... judge would ‘like’ a verdict” harmless); see also United States v. Brumbaugh, 471 F.2d 1128 (6th Cir.), cert. denied, 412 U.S. 918, 93 S.Ct. 2732, 37 L.Ed.2d 144 (1973) (bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless); Callanan v. United States, 223 F.2d 171, 180-81 (8th Cir.), cert. denied, 350 U.S. 862, 76 S.Ct. 102, 100 L.Ed. 764 (1955) (deputy marshal’s comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless)."
} | 10,548,216 | b |
Unlike the Remmer facts, we find no evidence of deliberate coercion in the record and no evidence of an unintended effect tantamount to FBI questioning of a juror during deliberations. | {
"signal": "see",
"identifier": null,
"parenthetical": "numerous ex parte contacts deemed harmless, including court note to \"return a verdict\" following rescission of jury note saying jury \"deadlock[ed]\"",
"sentence": "See United States v. Armstrong, 654 F.2d 1328 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.Ct. 1032, 71 L.Ed.2d 315 (1982) (numerous ex parte contacts deemed harmless, including court note to “return a verdict” following rescission of jury note saying jury “deadlock[ed]”); United States v. Weiner, 578 F.2d 757, 765 (9th Cir.), cert. denied, 439 U.S. 981, 99 S.Ct. 568, 58 L.Ed.2d 651 (1978) (bailiff statement that he “assumed ... judge would ‘like’ a verdict” harmless); see also United States v. Brumbaugh, 471 F.2d 1128 (6th Cir.), cert. denied, 412 U.S. 918, 93 S.Ct. 2732, 37 L.Ed.2d 144 (1973) (bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless); Callanan v. United States, 223 F.2d 171, 180-81 (8th Cir.), cert. denied, 350 U.S. 862, 76 S.Ct. 102, 100 L.Ed. 764 (1955) (deputy marshal’s comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless)."
} | {
"signal": "see also",
"identifier": null,
"parenthetical": "bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless",
"sentence": "See United States v. Armstrong, 654 F.2d 1328 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.Ct. 1032, 71 L.Ed.2d 315 (1982) (numerous ex parte contacts deemed harmless, including court note to “return a verdict” following rescission of jury note saying jury “deadlock[ed]”); United States v. Weiner, 578 F.2d 757, 765 (9th Cir.), cert. denied, 439 U.S. 981, 99 S.Ct. 568, 58 L.Ed.2d 651 (1978) (bailiff statement that he “assumed ... judge would ‘like’ a verdict” harmless); see also United States v. Brumbaugh, 471 F.2d 1128 (6th Cir.), cert. denied, 412 U.S. 918, 93 S.Ct. 2732, 37 L.Ed.2d 144 (1973) (bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless); Callanan v. United States, 223 F.2d 171, 180-81 (8th Cir.), cert. denied, 350 U.S. 862, 76 S.Ct. 102, 100 L.Ed. 764 (1955) (deputy marshal’s comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless)."
} | 10,548,216 | a |
Unlike the Remmer facts, we find no evidence of deliberate coercion in the record and no evidence of an unintended effect tantamount to FBI questioning of a juror during deliberations. | {
"signal": "see",
"identifier": null,
"parenthetical": "numerous ex parte contacts deemed harmless, including court note to \"return a verdict\" following rescission of jury note saying jury \"deadlock[ed]\"",
"sentence": "See United States v. Armstrong, 654 F.2d 1328 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.Ct. 1032, 71 L.Ed.2d 315 (1982) (numerous ex parte contacts deemed harmless, including court note to “return a verdict” following rescission of jury note saying jury “deadlock[ed]”); United States v. Weiner, 578 F.2d 757, 765 (9th Cir.), cert. denied, 439 U.S. 981, 99 S.Ct. 568, 58 L.Ed.2d 651 (1978) (bailiff statement that he “assumed ... judge would ‘like’ a verdict” harmless); see also United States v. Brumbaugh, 471 F.2d 1128 (6th Cir.), cert. denied, 412 U.S. 918, 93 S.Ct. 2732, 37 L.Ed.2d 144 (1973) (bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless); Callanan v. United States, 223 F.2d 171, 180-81 (8th Cir.), cert. denied, 350 U.S. 862, 76 S.Ct. 102, 100 L.Ed. 764 (1955) (deputy marshal’s comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless)."
} | {
"signal": "see also",
"identifier": null,
"parenthetical": "bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless",
"sentence": "See United States v. Armstrong, 654 F.2d 1328 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.Ct. 1032, 71 L.Ed.2d 315 (1982) (numerous ex parte contacts deemed harmless, including court note to “return a verdict” following rescission of jury note saying jury “deadlock[ed]”); United States v. Weiner, 578 F.2d 757, 765 (9th Cir.), cert. denied, 439 U.S. 981, 99 S.Ct. 568, 58 L.Ed.2d 651 (1978) (bailiff statement that he “assumed ... judge would ‘like’ a verdict” harmless); see also United States v. Brumbaugh, 471 F.2d 1128 (6th Cir.), cert. denied, 412 U.S. 918, 93 S.Ct. 2732, 37 L.Ed.2d 144 (1973) (bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless); Callanan v. United States, 223 F.2d 171, 180-81 (8th Cir.), cert. denied, 350 U.S. 862, 76 S.Ct. 102, 100 L.Ed. 764 (1955) (deputy marshal’s comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless)."
} | 10,548,216 | a |
Unlike the Remmer facts, we find no evidence of deliberate coercion in the record and no evidence of an unintended effect tantamount to FBI questioning of a juror during deliberations. | {
"signal": "see",
"identifier": null,
"parenthetical": "numerous ex parte contacts deemed harmless, including court note to \"return a verdict\" following rescission of jury note saying jury \"deadlock[ed]\"",
"sentence": "See United States v. Armstrong, 654 F.2d 1328 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.Ct. 1032, 71 L.Ed.2d 315 (1982) (numerous ex parte contacts deemed harmless, including court note to “return a verdict” following rescission of jury note saying jury “deadlock[ed]”); United States v. Weiner, 578 F.2d 757, 765 (9th Cir.), cert. denied, 439 U.S. 981, 99 S.Ct. 568, 58 L.Ed.2d 651 (1978) (bailiff statement that he “assumed ... judge would ‘like’ a verdict” harmless); see also United States v. Brumbaugh, 471 F.2d 1128 (6th Cir.), cert. denied, 412 U.S. 918, 93 S.Ct. 2732, 37 L.Ed.2d 144 (1973) (bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless); Callanan v. United States, 223 F.2d 171, 180-81 (8th Cir.), cert. denied, 350 U.S. 862, 76 S.Ct. 102, 100 L.Ed. 764 (1955) (deputy marshal’s comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless)."
} | {
"signal": "see also",
"identifier": "223 F.2d 171, 180-81",
"parenthetical": "deputy marshal's comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless",
"sentence": "See United States v. Armstrong, 654 F.2d 1328 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.Ct. 1032, 71 L.Ed.2d 315 (1982) (numerous ex parte contacts deemed harmless, including court note to “return a verdict” following rescission of jury note saying jury “deadlock[ed]”); United States v. Weiner, 578 F.2d 757, 765 (9th Cir.), cert. denied, 439 U.S. 981, 99 S.Ct. 568, 58 L.Ed.2d 651 (1978) (bailiff statement that he “assumed ... judge would ‘like’ a verdict” harmless); see also United States v. Brumbaugh, 471 F.2d 1128 (6th Cir.), cert. denied, 412 U.S. 918, 93 S.Ct. 2732, 37 L.Ed.2d 144 (1973) (bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless); Callanan v. United States, 223 F.2d 171, 180-81 (8th Cir.), cert. denied, 350 U.S. 862, 76 S.Ct. 102, 100 L.Ed. 764 (1955) (deputy marshal’s comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless)."
} | 10,548,216 | a |
Unlike the Remmer facts, we find no evidence of deliberate coercion in the record and no evidence of an unintended effect tantamount to FBI questioning of a juror during deliberations. | {
"signal": "see also",
"identifier": null,
"parenthetical": "deputy marshal's comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless",
"sentence": "See United States v. Armstrong, 654 F.2d 1328 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.Ct. 1032, 71 L.Ed.2d 315 (1982) (numerous ex parte contacts deemed harmless, including court note to “return a verdict” following rescission of jury note saying jury “deadlock[ed]”); United States v. Weiner, 578 F.2d 757, 765 (9th Cir.), cert. denied, 439 U.S. 981, 99 S.Ct. 568, 58 L.Ed.2d 651 (1978) (bailiff statement that he “assumed ... judge would ‘like’ a verdict” harmless); see also United States v. Brumbaugh, 471 F.2d 1128 (6th Cir.), cert. denied, 412 U.S. 918, 93 S.Ct. 2732, 37 L.Ed.2d 144 (1973) (bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless); Callanan v. United States, 223 F.2d 171, 180-81 (8th Cir.), cert. denied, 350 U.S. 862, 76 S.Ct. 102, 100 L.Ed. 764 (1955) (deputy marshal’s comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless)."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "numerous ex parte contacts deemed harmless, including court note to \"return a verdict\" following rescission of jury note saying jury \"deadlock[ed]\"",
"sentence": "See United States v. Armstrong, 654 F.2d 1328 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.Ct. 1032, 71 L.Ed.2d 315 (1982) (numerous ex parte contacts deemed harmless, including court note to “return a verdict” following rescission of jury note saying jury “deadlock[ed]”); United States v. Weiner, 578 F.2d 757, 765 (9th Cir.), cert. denied, 439 U.S. 981, 99 S.Ct. 568, 58 L.Ed.2d 651 (1978) (bailiff statement that he “assumed ... judge would ‘like’ a verdict” harmless); see also United States v. Brumbaugh, 471 F.2d 1128 (6th Cir.), cert. denied, 412 U.S. 918, 93 S.Ct. 2732, 37 L.Ed.2d 144 (1973) (bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless); Callanan v. United States, 223 F.2d 171, 180-81 (8th Cir.), cert. denied, 350 U.S. 862, 76 S.Ct. 102, 100 L.Ed. 764 (1955) (deputy marshal’s comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless)."
} | 10,548,216 | b |
Unlike the Remmer facts, we find no evidence of deliberate coercion in the record and no evidence of an unintended effect tantamount to FBI questioning of a juror during deliberations. | {
"signal": "see also",
"identifier": null,
"parenthetical": "deputy marshal's comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless",
"sentence": "See United States v. Armstrong, 654 F.2d 1328 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.Ct. 1032, 71 L.Ed.2d 315 (1982) (numerous ex parte contacts deemed harmless, including court note to “return a verdict” following rescission of jury note saying jury “deadlock[ed]”); United States v. Weiner, 578 F.2d 757, 765 (9th Cir.), cert. denied, 439 U.S. 981, 99 S.Ct. 568, 58 L.Ed.2d 651 (1978) (bailiff statement that he “assumed ... judge would ‘like’ a verdict” harmless); see also United States v. Brumbaugh, 471 F.2d 1128 (6th Cir.), cert. denied, 412 U.S. 918, 93 S.Ct. 2732, 37 L.Ed.2d 144 (1973) (bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless); Callanan v. United States, 223 F.2d 171, 180-81 (8th Cir.), cert. denied, 350 U.S. 862, 76 S.Ct. 102, 100 L.Ed. 764 (1955) (deputy marshal’s comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless)."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "numerous ex parte contacts deemed harmless, including court note to \"return a verdict\" following rescission of jury note saying jury \"deadlock[ed]\"",
"sentence": "See United States v. Armstrong, 654 F.2d 1328 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.Ct. 1032, 71 L.Ed.2d 315 (1982) (numerous ex parte contacts deemed harmless, including court note to “return a verdict” following rescission of jury note saying jury “deadlock[ed]”); United States v. Weiner, 578 F.2d 757, 765 (9th Cir.), cert. denied, 439 U.S. 981, 99 S.Ct. 568, 58 L.Ed.2d 651 (1978) (bailiff statement that he “assumed ... judge would ‘like’ a verdict” harmless); see also United States v. Brumbaugh, 471 F.2d 1128 (6th Cir.), cert. denied, 412 U.S. 918, 93 S.Ct. 2732, 37 L.Ed.2d 144 (1973) (bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless); Callanan v. United States, 223 F.2d 171, 180-81 (8th Cir.), cert. denied, 350 U.S. 862, 76 S.Ct. 102, 100 L.Ed. 764 (1955) (deputy marshal’s comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless)."
} | 10,548,216 | b |
Unlike the Remmer facts, we find no evidence of deliberate coercion in the record and no evidence of an unintended effect tantamount to FBI questioning of a juror during deliberations. | {
"signal": "see",
"identifier": null,
"parenthetical": "numerous ex parte contacts deemed harmless, including court note to \"return a verdict\" following rescission of jury note saying jury \"deadlock[ed]\"",
"sentence": "See United States v. Armstrong, 654 F.2d 1328 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.Ct. 1032, 71 L.Ed.2d 315 (1982) (numerous ex parte contacts deemed harmless, including court note to “return a verdict” following rescission of jury note saying jury “deadlock[ed]”); United States v. Weiner, 578 F.2d 757, 765 (9th Cir.), cert. denied, 439 U.S. 981, 99 S.Ct. 568, 58 L.Ed.2d 651 (1978) (bailiff statement that he “assumed ... judge would ‘like’ a verdict” harmless); see also United States v. Brumbaugh, 471 F.2d 1128 (6th Cir.), cert. denied, 412 U.S. 918, 93 S.Ct. 2732, 37 L.Ed.2d 144 (1973) (bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless); Callanan v. United States, 223 F.2d 171, 180-81 (8th Cir.), cert. denied, 350 U.S. 862, 76 S.Ct. 102, 100 L.Ed. 764 (1955) (deputy marshal’s comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless)."
} | {
"signal": "see also",
"identifier": null,
"parenthetical": "deputy marshal's comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless",
"sentence": "See United States v. Armstrong, 654 F.2d 1328 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.Ct. 1032, 71 L.Ed.2d 315 (1982) (numerous ex parte contacts deemed harmless, including court note to “return a verdict” following rescission of jury note saying jury “deadlock[ed]”); United States v. Weiner, 578 F.2d 757, 765 (9th Cir.), cert. denied, 439 U.S. 981, 99 S.Ct. 568, 58 L.Ed.2d 651 (1978) (bailiff statement that he “assumed ... judge would ‘like’ a verdict” harmless); see also United States v. Brumbaugh, 471 F.2d 1128 (6th Cir.), cert. denied, 412 U.S. 918, 93 S.Ct. 2732, 37 L.Ed.2d 144 (1973) (bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless); Callanan v. United States, 223 F.2d 171, 180-81 (8th Cir.), cert. denied, 350 U.S. 862, 76 S.Ct. 102, 100 L.Ed. 764 (1955) (deputy marshal’s comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless)."
} | 10,548,216 | a |
Unlike the Remmer facts, we find no evidence of deliberate coercion in the record and no evidence of an unintended effect tantamount to FBI questioning of a juror during deliberations. | {
"signal": "see",
"identifier": null,
"parenthetical": "numerous ex parte contacts deemed harmless, including court note to \"return a verdict\" following rescission of jury note saying jury \"deadlock[ed]\"",
"sentence": "See United States v. Armstrong, 654 F.2d 1328 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.Ct. 1032, 71 L.Ed.2d 315 (1982) (numerous ex parte contacts deemed harmless, including court note to “return a verdict” following rescission of jury note saying jury “deadlock[ed]”); United States v. Weiner, 578 F.2d 757, 765 (9th Cir.), cert. denied, 439 U.S. 981, 99 S.Ct. 568, 58 L.Ed.2d 651 (1978) (bailiff statement that he “assumed ... judge would ‘like’ a verdict” harmless); see also United States v. Brumbaugh, 471 F.2d 1128 (6th Cir.), cert. denied, 412 U.S. 918, 93 S.Ct. 2732, 37 L.Ed.2d 144 (1973) (bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless); Callanan v. United States, 223 F.2d 171, 180-81 (8th Cir.), cert. denied, 350 U.S. 862, 76 S.Ct. 102, 100 L.Ed. 764 (1955) (deputy marshal’s comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless)."
} | {
"signal": "see also",
"identifier": null,
"parenthetical": "bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless",
"sentence": "See United States v. Armstrong, 654 F.2d 1328 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.Ct. 1032, 71 L.Ed.2d 315 (1982) (numerous ex parte contacts deemed harmless, including court note to “return a verdict” following rescission of jury note saying jury “deadlock[ed]”); United States v. Weiner, 578 F.2d 757, 765 (9th Cir.), cert. denied, 439 U.S. 981, 99 S.Ct. 568, 58 L.Ed.2d 651 (1978) (bailiff statement that he “assumed ... judge would ‘like’ a verdict” harmless); see also United States v. Brumbaugh, 471 F.2d 1128 (6th Cir.), cert. denied, 412 U.S. 918, 93 S.Ct. 2732, 37 L.Ed.2d 144 (1973) (bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless); Callanan v. United States, 223 F.2d 171, 180-81 (8th Cir.), cert. denied, 350 U.S. 862, 76 S.Ct. 102, 100 L.Ed. 764 (1955) (deputy marshal’s comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless)."
} | 10,548,216 | a |
Unlike the Remmer facts, we find no evidence of deliberate coercion in the record and no evidence of an unintended effect tantamount to FBI questioning of a juror during deliberations. | {
"signal": "see also",
"identifier": null,
"parenthetical": "bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless",
"sentence": "See United States v. Armstrong, 654 F.2d 1328 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.Ct. 1032, 71 L.Ed.2d 315 (1982) (numerous ex parte contacts deemed harmless, including court note to “return a verdict” following rescission of jury note saying jury “deadlock[ed]”); United States v. Weiner, 578 F.2d 757, 765 (9th Cir.), cert. denied, 439 U.S. 981, 99 S.Ct. 568, 58 L.Ed.2d 651 (1978) (bailiff statement that he “assumed ... judge would ‘like’ a verdict” harmless); see also United States v. Brumbaugh, 471 F.2d 1128 (6th Cir.), cert. denied, 412 U.S. 918, 93 S.Ct. 2732, 37 L.Ed.2d 144 (1973) (bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless); Callanan v. United States, 223 F.2d 171, 180-81 (8th Cir.), cert. denied, 350 U.S. 862, 76 S.Ct. 102, 100 L.Ed. 764 (1955) (deputy marshal’s comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless)."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "numerous ex parte contacts deemed harmless, including court note to \"return a verdict\" following rescission of jury note saying jury \"deadlock[ed]\"",
"sentence": "See United States v. Armstrong, 654 F.2d 1328 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.Ct. 1032, 71 L.Ed.2d 315 (1982) (numerous ex parte contacts deemed harmless, including court note to “return a verdict” following rescission of jury note saying jury “deadlock[ed]”); United States v. Weiner, 578 F.2d 757, 765 (9th Cir.), cert. denied, 439 U.S. 981, 99 S.Ct. 568, 58 L.Ed.2d 651 (1978) (bailiff statement that he “assumed ... judge would ‘like’ a verdict” harmless); see also United States v. Brumbaugh, 471 F.2d 1128 (6th Cir.), cert. denied, 412 U.S. 918, 93 S.Ct. 2732, 37 L.Ed.2d 144 (1973) (bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless); Callanan v. United States, 223 F.2d 171, 180-81 (8th Cir.), cert. denied, 350 U.S. 862, 76 S.Ct. 102, 100 L.Ed. 764 (1955) (deputy marshal’s comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless)."
} | 10,548,216 | b |
Unlike the Remmer facts, we find no evidence of deliberate coercion in the record and no evidence of an unintended effect tantamount to FBI questioning of a juror during deliberations. | {
"signal": "see",
"identifier": null,
"parenthetical": "numerous ex parte contacts deemed harmless, including court note to \"return a verdict\" following rescission of jury note saying jury \"deadlock[ed]\"",
"sentence": "See United States v. Armstrong, 654 F.2d 1328 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.Ct. 1032, 71 L.Ed.2d 315 (1982) (numerous ex parte contacts deemed harmless, including court note to “return a verdict” following rescission of jury note saying jury “deadlock[ed]”); United States v. Weiner, 578 F.2d 757, 765 (9th Cir.), cert. denied, 439 U.S. 981, 99 S.Ct. 568, 58 L.Ed.2d 651 (1978) (bailiff statement that he “assumed ... judge would ‘like’ a verdict” harmless); see also United States v. Brumbaugh, 471 F.2d 1128 (6th Cir.), cert. denied, 412 U.S. 918, 93 S.Ct. 2732, 37 L.Ed.2d 144 (1973) (bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless); Callanan v. United States, 223 F.2d 171, 180-81 (8th Cir.), cert. denied, 350 U.S. 862, 76 S.Ct. 102, 100 L.Ed. 764 (1955) (deputy marshal’s comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless)."
} | {
"signal": "see also",
"identifier": null,
"parenthetical": "bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless",
"sentence": "See United States v. Armstrong, 654 F.2d 1328 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.Ct. 1032, 71 L.Ed.2d 315 (1982) (numerous ex parte contacts deemed harmless, including court note to “return a verdict” following rescission of jury note saying jury “deadlock[ed]”); United States v. Weiner, 578 F.2d 757, 765 (9th Cir.), cert. denied, 439 U.S. 981, 99 S.Ct. 568, 58 L.Ed.2d 651 (1978) (bailiff statement that he “assumed ... judge would ‘like’ a verdict” harmless); see also United States v. Brumbaugh, 471 F.2d 1128 (6th Cir.), cert. denied, 412 U.S. 918, 93 S.Ct. 2732, 37 L.Ed.2d 144 (1973) (bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless); Callanan v. United States, 223 F.2d 171, 180-81 (8th Cir.), cert. denied, 350 U.S. 862, 76 S.Ct. 102, 100 L.Ed. 764 (1955) (deputy marshal’s comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless)."
} | 10,548,216 | a |
Unlike the Remmer facts, we find no evidence of deliberate coercion in the record and no evidence of an unintended effect tantamount to FBI questioning of a juror during deliberations. | {
"signal": "see",
"identifier": null,
"parenthetical": "numerous ex parte contacts deemed harmless, including court note to \"return a verdict\" following rescission of jury note saying jury \"deadlock[ed]\"",
"sentence": "See United States v. Armstrong, 654 F.2d 1328 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.Ct. 1032, 71 L.Ed.2d 315 (1982) (numerous ex parte contacts deemed harmless, including court note to “return a verdict” following rescission of jury note saying jury “deadlock[ed]”); United States v. Weiner, 578 F.2d 757, 765 (9th Cir.), cert. denied, 439 U.S. 981, 99 S.Ct. 568, 58 L.Ed.2d 651 (1978) (bailiff statement that he “assumed ... judge would ‘like’ a verdict” harmless); see also United States v. Brumbaugh, 471 F.2d 1128 (6th Cir.), cert. denied, 412 U.S. 918, 93 S.Ct. 2732, 37 L.Ed.2d 144 (1973) (bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless); Callanan v. United States, 223 F.2d 171, 180-81 (8th Cir.), cert. denied, 350 U.S. 862, 76 S.Ct. 102, 100 L.Ed. 764 (1955) (deputy marshal’s comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless)."
} | {
"signal": "see also",
"identifier": null,
"parenthetical": "bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless",
"sentence": "See United States v. Armstrong, 654 F.2d 1328 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.Ct. 1032, 71 L.Ed.2d 315 (1982) (numerous ex parte contacts deemed harmless, including court note to “return a verdict” following rescission of jury note saying jury “deadlock[ed]”); United States v. Weiner, 578 F.2d 757, 765 (9th Cir.), cert. denied, 439 U.S. 981, 99 S.Ct. 568, 58 L.Ed.2d 651 (1978) (bailiff statement that he “assumed ... judge would ‘like’ a verdict” harmless); see also United States v. Brumbaugh, 471 F.2d 1128 (6th Cir.), cert. denied, 412 U.S. 918, 93 S.Ct. 2732, 37 L.Ed.2d 144 (1973) (bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless); Callanan v. United States, 223 F.2d 171, 180-81 (8th Cir.), cert. denied, 350 U.S. 862, 76 S.Ct. 102, 100 L.Ed. 764 (1955) (deputy marshal’s comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless)."
} | 10,548,216 | a |
Unlike the Remmer facts, we find no evidence of deliberate coercion in the record and no evidence of an unintended effect tantamount to FBI questioning of a juror during deliberations. | {
"signal": "see also",
"identifier": "223 F.2d 171, 180-81",
"parenthetical": "deputy marshal's comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless",
"sentence": "See United States v. Armstrong, 654 F.2d 1328 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.Ct. 1032, 71 L.Ed.2d 315 (1982) (numerous ex parte contacts deemed harmless, including court note to “return a verdict” following rescission of jury note saying jury “deadlock[ed]”); United States v. Weiner, 578 F.2d 757, 765 (9th Cir.), cert. denied, 439 U.S. 981, 99 S.Ct. 568, 58 L.Ed.2d 651 (1978) (bailiff statement that he “assumed ... judge would ‘like’ a verdict” harmless); see also United States v. Brumbaugh, 471 F.2d 1128 (6th Cir.), cert. denied, 412 U.S. 918, 93 S.Ct. 2732, 37 L.Ed.2d 144 (1973) (bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless); Callanan v. United States, 223 F.2d 171, 180-81 (8th Cir.), cert. denied, 350 U.S. 862, 76 S.Ct. 102, 100 L.Ed. 764 (1955) (deputy marshal’s comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless)."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "numerous ex parte contacts deemed harmless, including court note to \"return a verdict\" following rescission of jury note saying jury \"deadlock[ed]\"",
"sentence": "See United States v. Armstrong, 654 F.2d 1328 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.Ct. 1032, 71 L.Ed.2d 315 (1982) (numerous ex parte contacts deemed harmless, including court note to “return a verdict” following rescission of jury note saying jury “deadlock[ed]”); United States v. Weiner, 578 F.2d 757, 765 (9th Cir.), cert. denied, 439 U.S. 981, 99 S.Ct. 568, 58 L.Ed.2d 651 (1978) (bailiff statement that he “assumed ... judge would ‘like’ a verdict” harmless); see also United States v. Brumbaugh, 471 F.2d 1128 (6th Cir.), cert. denied, 412 U.S. 918, 93 S.Ct. 2732, 37 L.Ed.2d 144 (1973) (bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless); Callanan v. United States, 223 F.2d 171, 180-81 (8th Cir.), cert. denied, 350 U.S. 862, 76 S.Ct. 102, 100 L.Ed. 764 (1955) (deputy marshal’s comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless)."
} | 10,548,216 | b |
Unlike the Remmer facts, we find no evidence of deliberate coercion in the record and no evidence of an unintended effect tantamount to FBI questioning of a juror during deliberations. | {
"signal": "see also",
"identifier": null,
"parenthetical": "deputy marshal's comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless",
"sentence": "See United States v. Armstrong, 654 F.2d 1328 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.Ct. 1032, 71 L.Ed.2d 315 (1982) (numerous ex parte contacts deemed harmless, including court note to “return a verdict” following rescission of jury note saying jury “deadlock[ed]”); United States v. Weiner, 578 F.2d 757, 765 (9th Cir.), cert. denied, 439 U.S. 981, 99 S.Ct. 568, 58 L.Ed.2d 651 (1978) (bailiff statement that he “assumed ... judge would ‘like’ a verdict” harmless); see also United States v. Brumbaugh, 471 F.2d 1128 (6th Cir.), cert. denied, 412 U.S. 918, 93 S.Ct. 2732, 37 L.Ed.2d 144 (1973) (bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless); Callanan v. United States, 223 F.2d 171, 180-81 (8th Cir.), cert. denied, 350 U.S. 862, 76 S.Ct. 102, 100 L.Ed. 764 (1955) (deputy marshal’s comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless)."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "numerous ex parte contacts deemed harmless, including court note to \"return a verdict\" following rescission of jury note saying jury \"deadlock[ed]\"",
"sentence": "See United States v. Armstrong, 654 F.2d 1328 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.Ct. 1032, 71 L.Ed.2d 315 (1982) (numerous ex parte contacts deemed harmless, including court note to “return a verdict” following rescission of jury note saying jury “deadlock[ed]”); United States v. Weiner, 578 F.2d 757, 765 (9th Cir.), cert. denied, 439 U.S. 981, 99 S.Ct. 568, 58 L.Ed.2d 651 (1978) (bailiff statement that he “assumed ... judge would ‘like’ a verdict” harmless); see also United States v. Brumbaugh, 471 F.2d 1128 (6th Cir.), cert. denied, 412 U.S. 918, 93 S.Ct. 2732, 37 L.Ed.2d 144 (1973) (bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless); Callanan v. United States, 223 F.2d 171, 180-81 (8th Cir.), cert. denied, 350 U.S. 862, 76 S.Ct. 102, 100 L.Ed. 764 (1955) (deputy marshal’s comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless)."
} | 10,548,216 | b |
Unlike the Remmer facts, we find no evidence of deliberate coercion in the record and no evidence of an unintended effect tantamount to FBI questioning of a juror during deliberations. | {
"signal": "see",
"identifier": null,
"parenthetical": "numerous ex parte contacts deemed harmless, including court note to \"return a verdict\" following rescission of jury note saying jury \"deadlock[ed]\"",
"sentence": "See United States v. Armstrong, 654 F.2d 1328 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.Ct. 1032, 71 L.Ed.2d 315 (1982) (numerous ex parte contacts deemed harmless, including court note to “return a verdict” following rescission of jury note saying jury “deadlock[ed]”); United States v. Weiner, 578 F.2d 757, 765 (9th Cir.), cert. denied, 439 U.S. 981, 99 S.Ct. 568, 58 L.Ed.2d 651 (1978) (bailiff statement that he “assumed ... judge would ‘like’ a verdict” harmless); see also United States v. Brumbaugh, 471 F.2d 1128 (6th Cir.), cert. denied, 412 U.S. 918, 93 S.Ct. 2732, 37 L.Ed.2d 144 (1973) (bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless); Callanan v. United States, 223 F.2d 171, 180-81 (8th Cir.), cert. denied, 350 U.S. 862, 76 S.Ct. 102, 100 L.Ed. 764 (1955) (deputy marshal’s comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless)."
} | {
"signal": "see also",
"identifier": null,
"parenthetical": "deputy marshal's comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless",
"sentence": "See United States v. Armstrong, 654 F.2d 1328 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.Ct. 1032, 71 L.Ed.2d 315 (1982) (numerous ex parte contacts deemed harmless, including court note to “return a verdict” following rescission of jury note saying jury “deadlock[ed]”); United States v. Weiner, 578 F.2d 757, 765 (9th Cir.), cert. denied, 439 U.S. 981, 99 S.Ct. 568, 58 L.Ed.2d 651 (1978) (bailiff statement that he “assumed ... judge would ‘like’ a verdict” harmless); see also United States v. Brumbaugh, 471 F.2d 1128 (6th Cir.), cert. denied, 412 U.S. 918, 93 S.Ct. 2732, 37 L.Ed.2d 144 (1973) (bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless); Callanan v. United States, 223 F.2d 171, 180-81 (8th Cir.), cert. denied, 350 U.S. 862, 76 S.Ct. 102, 100 L.Ed. 764 (1955) (deputy marshal’s comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless)."
} | 10,548,216 | a |
Unlike the Remmer facts, we find no evidence of deliberate coercion in the record and no evidence of an unintended effect tantamount to FBI questioning of a juror during deliberations. | {
"signal": "see",
"identifier": null,
"parenthetical": "numerous ex parte contacts deemed harmless, including court note to \"return a verdict\" following rescission of jury note saying jury \"deadlock[ed]\"",
"sentence": "See United States v. Armstrong, 654 F.2d 1328 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.Ct. 1032, 71 L.Ed.2d 315 (1982) (numerous ex parte contacts deemed harmless, including court note to “return a verdict” following rescission of jury note saying jury “deadlock[ed]”); United States v. Weiner, 578 F.2d 757, 765 (9th Cir.), cert. denied, 439 U.S. 981, 99 S.Ct. 568, 58 L.Ed.2d 651 (1978) (bailiff statement that he “assumed ... judge would ‘like’ a verdict” harmless); see also United States v. Brumbaugh, 471 F.2d 1128 (6th Cir.), cert. denied, 412 U.S. 918, 93 S.Ct. 2732, 37 L.Ed.2d 144 (1973) (bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless); Callanan v. United States, 223 F.2d 171, 180-81 (8th Cir.), cert. denied, 350 U.S. 862, 76 S.Ct. 102, 100 L.Ed. 764 (1955) (deputy marshal’s comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless)."
} | {
"signal": "see also",
"identifier": null,
"parenthetical": "deputy marshal's comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless",
"sentence": "See United States v. Armstrong, 654 F.2d 1328 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.Ct. 1032, 71 L.Ed.2d 315 (1982) (numerous ex parte contacts deemed harmless, including court note to “return a verdict” following rescission of jury note saying jury “deadlock[ed]”); United States v. Weiner, 578 F.2d 757, 765 (9th Cir.), cert. denied, 439 U.S. 981, 99 S.Ct. 568, 58 L.Ed.2d 651 (1978) (bailiff statement that he “assumed ... judge would ‘like’ a verdict” harmless); see also United States v. Brumbaugh, 471 F.2d 1128 (6th Cir.), cert. denied, 412 U.S. 918, 93 S.Ct. 2732, 37 L.Ed.2d 144 (1973) (bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless); Callanan v. United States, 223 F.2d 171, 180-81 (8th Cir.), cert. denied, 350 U.S. 862, 76 S.Ct. 102, 100 L.Ed. 764 (1955) (deputy marshal’s comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless)."
} | 10,548,216 | a |
Unlike the Remmer facts, we find no evidence of deliberate coercion in the record and no evidence of an unintended effect tantamount to FBI questioning of a juror during deliberations. | {
"signal": "see",
"identifier": null,
"parenthetical": "numerous ex parte contacts deemed harmless, including court note to \"return a verdict\" following rescission of jury note saying jury \"deadlock[ed]\"",
"sentence": "See United States v. Armstrong, 654 F.2d 1328 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.Ct. 1032, 71 L.Ed.2d 315 (1982) (numerous ex parte contacts deemed harmless, including court note to “return a verdict” following rescission of jury note saying jury “deadlock[ed]”); United States v. Weiner, 578 F.2d 757, 765 (9th Cir.), cert. denied, 439 U.S. 981, 99 S.Ct. 568, 58 L.Ed.2d 651 (1978) (bailiff statement that he “assumed ... judge would ‘like’ a verdict” harmless); see also United States v. Brumbaugh, 471 F.2d 1128 (6th Cir.), cert. denied, 412 U.S. 918, 93 S.Ct. 2732, 37 L.Ed.2d 144 (1973) (bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless); Callanan v. United States, 223 F.2d 171, 180-81 (8th Cir.), cert. denied, 350 U.S. 862, 76 S.Ct. 102, 100 L.Ed. 764 (1955) (deputy marshal’s comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless)."
} | {
"signal": "see also",
"identifier": null,
"parenthetical": "bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless",
"sentence": "See United States v. Armstrong, 654 F.2d 1328 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.Ct. 1032, 71 L.Ed.2d 315 (1982) (numerous ex parte contacts deemed harmless, including court note to “return a verdict” following rescission of jury note saying jury “deadlock[ed]”); United States v. Weiner, 578 F.2d 757, 765 (9th Cir.), cert. denied, 439 U.S. 981, 99 S.Ct. 568, 58 L.Ed.2d 651 (1978) (bailiff statement that he “assumed ... judge would ‘like’ a verdict” harmless); see also United States v. Brumbaugh, 471 F.2d 1128 (6th Cir.), cert. denied, 412 U.S. 918, 93 S.Ct. 2732, 37 L.Ed.2d 144 (1973) (bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless); Callanan v. United States, 223 F.2d 171, 180-81 (8th Cir.), cert. denied, 350 U.S. 862, 76 S.Ct. 102, 100 L.Ed. 764 (1955) (deputy marshal’s comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless)."
} | 10,548,216 | a |
Unlike the Remmer facts, we find no evidence of deliberate coercion in the record and no evidence of an unintended effect tantamount to FBI questioning of a juror during deliberations. | {
"signal": "see also",
"identifier": null,
"parenthetical": "bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless",
"sentence": "See United States v. Armstrong, 654 F.2d 1328 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.Ct. 1032, 71 L.Ed.2d 315 (1982) (numerous ex parte contacts deemed harmless, including court note to “return a verdict” following rescission of jury note saying jury “deadlock[ed]”); United States v. Weiner, 578 F.2d 757, 765 (9th Cir.), cert. denied, 439 U.S. 981, 99 S.Ct. 568, 58 L.Ed.2d 651 (1978) (bailiff statement that he “assumed ... judge would ‘like’ a verdict” harmless); see also United States v. Brumbaugh, 471 F.2d 1128 (6th Cir.), cert. denied, 412 U.S. 918, 93 S.Ct. 2732, 37 L.Ed.2d 144 (1973) (bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless); Callanan v. United States, 223 F.2d 171, 180-81 (8th Cir.), cert. denied, 350 U.S. 862, 76 S.Ct. 102, 100 L.Ed. 764 (1955) (deputy marshal’s comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless)."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "numerous ex parte contacts deemed harmless, including court note to \"return a verdict\" following rescission of jury note saying jury \"deadlock[ed]\"",
"sentence": "See United States v. Armstrong, 654 F.2d 1328 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.Ct. 1032, 71 L.Ed.2d 315 (1982) (numerous ex parte contacts deemed harmless, including court note to “return a verdict” following rescission of jury note saying jury “deadlock[ed]”); United States v. Weiner, 578 F.2d 757, 765 (9th Cir.), cert. denied, 439 U.S. 981, 99 S.Ct. 568, 58 L.Ed.2d 651 (1978) (bailiff statement that he “assumed ... judge would ‘like’ a verdict” harmless); see also United States v. Brumbaugh, 471 F.2d 1128 (6th Cir.), cert. denied, 412 U.S. 918, 93 S.Ct. 2732, 37 L.Ed.2d 144 (1973) (bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless); Callanan v. United States, 223 F.2d 171, 180-81 (8th Cir.), cert. denied, 350 U.S. 862, 76 S.Ct. 102, 100 L.Ed. 764 (1955) (deputy marshal’s comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless)."
} | 10,548,216 | b |
Unlike the Remmer facts, we find no evidence of deliberate coercion in the record and no evidence of an unintended effect tantamount to FBI questioning of a juror during deliberations. | {
"signal": "see also",
"identifier": null,
"parenthetical": "bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless",
"sentence": "See United States v. Armstrong, 654 F.2d 1328 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.Ct. 1032, 71 L.Ed.2d 315 (1982) (numerous ex parte contacts deemed harmless, including court note to “return a verdict” following rescission of jury note saying jury “deadlock[ed]”); United States v. Weiner, 578 F.2d 757, 765 (9th Cir.), cert. denied, 439 U.S. 981, 99 S.Ct. 568, 58 L.Ed.2d 651 (1978) (bailiff statement that he “assumed ... judge would ‘like’ a verdict” harmless); see also United States v. Brumbaugh, 471 F.2d 1128 (6th Cir.), cert. denied, 412 U.S. 918, 93 S.Ct. 2732, 37 L.Ed.2d 144 (1973) (bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless); Callanan v. United States, 223 F.2d 171, 180-81 (8th Cir.), cert. denied, 350 U.S. 862, 76 S.Ct. 102, 100 L.Ed. 764 (1955) (deputy marshal’s comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless)."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "numerous ex parte contacts deemed harmless, including court note to \"return a verdict\" following rescission of jury note saying jury \"deadlock[ed]\"",
"sentence": "See United States v. Armstrong, 654 F.2d 1328 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.Ct. 1032, 71 L.Ed.2d 315 (1982) (numerous ex parte contacts deemed harmless, including court note to “return a verdict” following rescission of jury note saying jury “deadlock[ed]”); United States v. Weiner, 578 F.2d 757, 765 (9th Cir.), cert. denied, 439 U.S. 981, 99 S.Ct. 568, 58 L.Ed.2d 651 (1978) (bailiff statement that he “assumed ... judge would ‘like’ a verdict” harmless); see also United States v. Brumbaugh, 471 F.2d 1128 (6th Cir.), cert. denied, 412 U.S. 918, 93 S.Ct. 2732, 37 L.Ed.2d 144 (1973) (bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless); Callanan v. United States, 223 F.2d 171, 180-81 (8th Cir.), cert. denied, 350 U.S. 862, 76 S.Ct. 102, 100 L.Ed. 764 (1955) (deputy marshal’s comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless)."
} | 10,548,216 | b |
Unlike the Remmer facts, we find no evidence of deliberate coercion in the record and no evidence of an unintended effect tantamount to FBI questioning of a juror during deliberations. | {
"signal": "see",
"identifier": null,
"parenthetical": "numerous ex parte contacts deemed harmless, including court note to \"return a verdict\" following rescission of jury note saying jury \"deadlock[ed]\"",
"sentence": "See United States v. Armstrong, 654 F.2d 1328 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.Ct. 1032, 71 L.Ed.2d 315 (1982) (numerous ex parte contacts deemed harmless, including court note to “return a verdict” following rescission of jury note saying jury “deadlock[ed]”); United States v. Weiner, 578 F.2d 757, 765 (9th Cir.), cert. denied, 439 U.S. 981, 99 S.Ct. 568, 58 L.Ed.2d 651 (1978) (bailiff statement that he “assumed ... judge would ‘like’ a verdict” harmless); see also United States v. Brumbaugh, 471 F.2d 1128 (6th Cir.), cert. denied, 412 U.S. 918, 93 S.Ct. 2732, 37 L.Ed.2d 144 (1973) (bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless); Callanan v. United States, 223 F.2d 171, 180-81 (8th Cir.), cert. denied, 350 U.S. 862, 76 S.Ct. 102, 100 L.Ed. 764 (1955) (deputy marshal’s comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless)."
} | {
"signal": "see also",
"identifier": null,
"parenthetical": "bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless",
"sentence": "See United States v. Armstrong, 654 F.2d 1328 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.Ct. 1032, 71 L.Ed.2d 315 (1982) (numerous ex parte contacts deemed harmless, including court note to “return a verdict” following rescission of jury note saying jury “deadlock[ed]”); United States v. Weiner, 578 F.2d 757, 765 (9th Cir.), cert. denied, 439 U.S. 981, 99 S.Ct. 568, 58 L.Ed.2d 651 (1978) (bailiff statement that he “assumed ... judge would ‘like’ a verdict” harmless); see also United States v. Brumbaugh, 471 F.2d 1128 (6th Cir.), cert. denied, 412 U.S. 918, 93 S.Ct. 2732, 37 L.Ed.2d 144 (1973) (bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless); Callanan v. United States, 223 F.2d 171, 180-81 (8th Cir.), cert. denied, 350 U.S. 862, 76 S.Ct. 102, 100 L.Ed. 764 (1955) (deputy marshal’s comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless)."
} | 10,548,216 | a |
Unlike the Remmer facts, we find no evidence of deliberate coercion in the record and no evidence of an unintended effect tantamount to FBI questioning of a juror during deliberations. | {
"signal": "see also",
"identifier": "223 F.2d 171, 180-81",
"parenthetical": "deputy marshal's comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless",
"sentence": "See United States v. Armstrong, 654 F.2d 1328 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.Ct. 1032, 71 L.Ed.2d 315 (1982) (numerous ex parte contacts deemed harmless, including court note to “return a verdict” following rescission of jury note saying jury “deadlock[ed]”); United States v. Weiner, 578 F.2d 757, 765 (9th Cir.), cert. denied, 439 U.S. 981, 99 S.Ct. 568, 58 L.Ed.2d 651 (1978) (bailiff statement that he “assumed ... judge would ‘like’ a verdict” harmless); see also United States v. Brumbaugh, 471 F.2d 1128 (6th Cir.), cert. denied, 412 U.S. 918, 93 S.Ct. 2732, 37 L.Ed.2d 144 (1973) (bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless); Callanan v. United States, 223 F.2d 171, 180-81 (8th Cir.), cert. denied, 350 U.S. 862, 76 S.Ct. 102, 100 L.Ed. 764 (1955) (deputy marshal’s comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless)."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "numerous ex parte contacts deemed harmless, including court note to \"return a verdict\" following rescission of jury note saying jury \"deadlock[ed]\"",
"sentence": "See United States v. Armstrong, 654 F.2d 1328 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.Ct. 1032, 71 L.Ed.2d 315 (1982) (numerous ex parte contacts deemed harmless, including court note to “return a verdict” following rescission of jury note saying jury “deadlock[ed]”); United States v. Weiner, 578 F.2d 757, 765 (9th Cir.), cert. denied, 439 U.S. 981, 99 S.Ct. 568, 58 L.Ed.2d 651 (1978) (bailiff statement that he “assumed ... judge would ‘like’ a verdict” harmless); see also United States v. Brumbaugh, 471 F.2d 1128 (6th Cir.), cert. denied, 412 U.S. 918, 93 S.Ct. 2732, 37 L.Ed.2d 144 (1973) (bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless); Callanan v. United States, 223 F.2d 171, 180-81 (8th Cir.), cert. denied, 350 U.S. 862, 76 S.Ct. 102, 100 L.Ed. 764 (1955) (deputy marshal’s comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless)."
} | 10,548,216 | b |
Unlike the Remmer facts, we find no evidence of deliberate coercion in the record and no evidence of an unintended effect tantamount to FBI questioning of a juror during deliberations. | {
"signal": "see also",
"identifier": null,
"parenthetical": "deputy marshal's comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless",
"sentence": "See United States v. Armstrong, 654 F.2d 1328 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.Ct. 1032, 71 L.Ed.2d 315 (1982) (numerous ex parte contacts deemed harmless, including court note to “return a verdict” following rescission of jury note saying jury “deadlock[ed]”); United States v. Weiner, 578 F.2d 757, 765 (9th Cir.), cert. denied, 439 U.S. 981, 99 S.Ct. 568, 58 L.Ed.2d 651 (1978) (bailiff statement that he “assumed ... judge would ‘like’ a verdict” harmless); see also United States v. Brumbaugh, 471 F.2d 1128 (6th Cir.), cert. denied, 412 U.S. 918, 93 S.Ct. 2732, 37 L.Ed.2d 144 (1973) (bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless); Callanan v. United States, 223 F.2d 171, 180-81 (8th Cir.), cert. denied, 350 U.S. 862, 76 S.Ct. 102, 100 L.Ed. 764 (1955) (deputy marshal’s comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless)."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "numerous ex parte contacts deemed harmless, including court note to \"return a verdict\" following rescission of jury note saying jury \"deadlock[ed]\"",
"sentence": "See United States v. Armstrong, 654 F.2d 1328 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.Ct. 1032, 71 L.Ed.2d 315 (1982) (numerous ex parte contacts deemed harmless, including court note to “return a verdict” following rescission of jury note saying jury “deadlock[ed]”); United States v. Weiner, 578 F.2d 757, 765 (9th Cir.), cert. denied, 439 U.S. 981, 99 S.Ct. 568, 58 L.Ed.2d 651 (1978) (bailiff statement that he “assumed ... judge would ‘like’ a verdict” harmless); see also United States v. Brumbaugh, 471 F.2d 1128 (6th Cir.), cert. denied, 412 U.S. 918, 93 S.Ct. 2732, 37 L.Ed.2d 144 (1973) (bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless); Callanan v. United States, 223 F.2d 171, 180-81 (8th Cir.), cert. denied, 350 U.S. 862, 76 S.Ct. 102, 100 L.Ed. 764 (1955) (deputy marshal’s comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless)."
} | 10,548,216 | b |
Unlike the Remmer facts, we find no evidence of deliberate coercion in the record and no evidence of an unintended effect tantamount to FBI questioning of a juror during deliberations. | {
"signal": "see",
"identifier": null,
"parenthetical": "numerous ex parte contacts deemed harmless, including court note to \"return a verdict\" following rescission of jury note saying jury \"deadlock[ed]\"",
"sentence": "See United States v. Armstrong, 654 F.2d 1328 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.Ct. 1032, 71 L.Ed.2d 315 (1982) (numerous ex parte contacts deemed harmless, including court note to “return a verdict” following rescission of jury note saying jury “deadlock[ed]”); United States v. Weiner, 578 F.2d 757, 765 (9th Cir.), cert. denied, 439 U.S. 981, 99 S.Ct. 568, 58 L.Ed.2d 651 (1978) (bailiff statement that he “assumed ... judge would ‘like’ a verdict” harmless); see also United States v. Brumbaugh, 471 F.2d 1128 (6th Cir.), cert. denied, 412 U.S. 918, 93 S.Ct. 2732, 37 L.Ed.2d 144 (1973) (bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless); Callanan v. United States, 223 F.2d 171, 180-81 (8th Cir.), cert. denied, 350 U.S. 862, 76 S.Ct. 102, 100 L.Ed. 764 (1955) (deputy marshal’s comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless)."
} | {
"signal": "see also",
"identifier": null,
"parenthetical": "deputy marshal's comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless",
"sentence": "See United States v. Armstrong, 654 F.2d 1328 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.Ct. 1032, 71 L.Ed.2d 315 (1982) (numerous ex parte contacts deemed harmless, including court note to “return a verdict” following rescission of jury note saying jury “deadlock[ed]”); United States v. Weiner, 578 F.2d 757, 765 (9th Cir.), cert. denied, 439 U.S. 981, 99 S.Ct. 568, 58 L.Ed.2d 651 (1978) (bailiff statement that he “assumed ... judge would ‘like’ a verdict” harmless); see also United States v. Brumbaugh, 471 F.2d 1128 (6th Cir.), cert. denied, 412 U.S. 918, 93 S.Ct. 2732, 37 L.Ed.2d 144 (1973) (bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless); Callanan v. United States, 223 F.2d 171, 180-81 (8th Cir.), cert. denied, 350 U.S. 862, 76 S.Ct. 102, 100 L.Ed. 764 (1955) (deputy marshal’s comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless)."
} | 10,548,216 | a |
Unlike the Remmer facts, we find no evidence of deliberate coercion in the record and no evidence of an unintended effect tantamount to FBI questioning of a juror during deliberations. | {
"signal": "see",
"identifier": null,
"parenthetical": "numerous ex parte contacts deemed harmless, including court note to \"return a verdict\" following rescission of jury note saying jury \"deadlock[ed]\"",
"sentence": "See United States v. Armstrong, 654 F.2d 1328 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.Ct. 1032, 71 L.Ed.2d 315 (1982) (numerous ex parte contacts deemed harmless, including court note to “return a verdict” following rescission of jury note saying jury “deadlock[ed]”); United States v. Weiner, 578 F.2d 757, 765 (9th Cir.), cert. denied, 439 U.S. 981, 99 S.Ct. 568, 58 L.Ed.2d 651 (1978) (bailiff statement that he “assumed ... judge would ‘like’ a verdict” harmless); see also United States v. Brumbaugh, 471 F.2d 1128 (6th Cir.), cert. denied, 412 U.S. 918, 93 S.Ct. 2732, 37 L.Ed.2d 144 (1973) (bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless); Callanan v. United States, 223 F.2d 171, 180-81 (8th Cir.), cert. denied, 350 U.S. 862, 76 S.Ct. 102, 100 L.Ed. 764 (1955) (deputy marshal’s comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless)."
} | {
"signal": "see also",
"identifier": null,
"parenthetical": "deputy marshal's comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless",
"sentence": "See United States v. Armstrong, 654 F.2d 1328 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.Ct. 1032, 71 L.Ed.2d 315 (1982) (numerous ex parte contacts deemed harmless, including court note to “return a verdict” following rescission of jury note saying jury “deadlock[ed]”); United States v. Weiner, 578 F.2d 757, 765 (9th Cir.), cert. denied, 439 U.S. 981, 99 S.Ct. 568, 58 L.Ed.2d 651 (1978) (bailiff statement that he “assumed ... judge would ‘like’ a verdict” harmless); see also United States v. Brumbaugh, 471 F.2d 1128 (6th Cir.), cert. denied, 412 U.S. 918, 93 S.Ct. 2732, 37 L.Ed.2d 144 (1973) (bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless); Callanan v. United States, 223 F.2d 171, 180-81 (8th Cir.), cert. denied, 350 U.S. 862, 76 S.Ct. 102, 100 L.Ed. 764 (1955) (deputy marshal’s comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless)."
} | 10,548,216 | a |
Unlike the Remmer facts, we find no evidence of deliberate coercion in the record and no evidence of an unintended effect tantamount to FBI questioning of a juror during deliberations. | {
"signal": "see also",
"identifier": null,
"parenthetical": "bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless",
"sentence": "See United States v. Armstrong, 654 F.2d 1328 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.Ct. 1032, 71 L.Ed.2d 315 (1982) (numerous ex parte contacts deemed harmless, including court note to “return a verdict” following rescission of jury note saying jury “deadlock[ed]”); United States v. Weiner, 578 F.2d 757, 765 (9th Cir.), cert. denied, 439 U.S. 981, 99 S.Ct. 568, 58 L.Ed.2d 651 (1978) (bailiff statement that he “assumed ... judge would ‘like’ a verdict” harmless); see also United States v. Brumbaugh, 471 F.2d 1128 (6th Cir.), cert. denied, 412 U.S. 918, 93 S.Ct. 2732, 37 L.Ed.2d 144 (1973) (bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless); Callanan v. United States, 223 F.2d 171, 180-81 (8th Cir.), cert. denied, 350 U.S. 862, 76 S.Ct. 102, 100 L.Ed. 764 (1955) (deputy marshal’s comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless)."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "numerous ex parte contacts deemed harmless, including court note to \"return a verdict\" following rescission of jury note saying jury \"deadlock[ed]\"",
"sentence": "See United States v. Armstrong, 654 F.2d 1328 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.Ct. 1032, 71 L.Ed.2d 315 (1982) (numerous ex parte contacts deemed harmless, including court note to “return a verdict” following rescission of jury note saying jury “deadlock[ed]”); United States v. Weiner, 578 F.2d 757, 765 (9th Cir.), cert. denied, 439 U.S. 981, 99 S.Ct. 568, 58 L.Ed.2d 651 (1978) (bailiff statement that he “assumed ... judge would ‘like’ a verdict” harmless); see also United States v. Brumbaugh, 471 F.2d 1128 (6th Cir.), cert. denied, 412 U.S. 918, 93 S.Ct. 2732, 37 L.Ed.2d 144 (1973) (bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless); Callanan v. United States, 223 F.2d 171, 180-81 (8th Cir.), cert. denied, 350 U.S. 862, 76 S.Ct. 102, 100 L.Ed. 764 (1955) (deputy marshal’s comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless)."
} | 10,548,216 | b |
Unlike the Remmer facts, we find no evidence of deliberate coercion in the record and no evidence of an unintended effect tantamount to FBI questioning of a juror during deliberations. | {
"signal": "see also",
"identifier": null,
"parenthetical": "bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless",
"sentence": "See United States v. Armstrong, 654 F.2d 1328 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.Ct. 1032, 71 L.Ed.2d 315 (1982) (numerous ex parte contacts deemed harmless, including court note to “return a verdict” following rescission of jury note saying jury “deadlock[ed]”); United States v. Weiner, 578 F.2d 757, 765 (9th Cir.), cert. denied, 439 U.S. 981, 99 S.Ct. 568, 58 L.Ed.2d 651 (1978) (bailiff statement that he “assumed ... judge would ‘like’ a verdict” harmless); see also United States v. Brumbaugh, 471 F.2d 1128 (6th Cir.), cert. denied, 412 U.S. 918, 93 S.Ct. 2732, 37 L.Ed.2d 144 (1973) (bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless); Callanan v. United States, 223 F.2d 171, 180-81 (8th Cir.), cert. denied, 350 U.S. 862, 76 S.Ct. 102, 100 L.Ed. 764 (1955) (deputy marshal’s comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless)."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "numerous ex parte contacts deemed harmless, including court note to \"return a verdict\" following rescission of jury note saying jury \"deadlock[ed]\"",
"sentence": "See United States v. Armstrong, 654 F.2d 1328 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.Ct. 1032, 71 L.Ed.2d 315 (1982) (numerous ex parte contacts deemed harmless, including court note to “return a verdict” following rescission of jury note saying jury “deadlock[ed]”); United States v. Weiner, 578 F.2d 757, 765 (9th Cir.), cert. denied, 439 U.S. 981, 99 S.Ct. 568, 58 L.Ed.2d 651 (1978) (bailiff statement that he “assumed ... judge would ‘like’ a verdict” harmless); see also United States v. Brumbaugh, 471 F.2d 1128 (6th Cir.), cert. denied, 412 U.S. 918, 93 S.Ct. 2732, 37 L.Ed.2d 144 (1973) (bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless); Callanan v. United States, 223 F.2d 171, 180-81 (8th Cir.), cert. denied, 350 U.S. 862, 76 S.Ct. 102, 100 L.Ed. 764 (1955) (deputy marshal’s comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless)."
} | 10,548,216 | b |
Unlike the Remmer facts, we find no evidence of deliberate coercion in the record and no evidence of an unintended effect tantamount to FBI questioning of a juror during deliberations. | {
"signal": "see",
"identifier": null,
"parenthetical": "numerous ex parte contacts deemed harmless, including court note to \"return a verdict\" following rescission of jury note saying jury \"deadlock[ed]\"",
"sentence": "See United States v. Armstrong, 654 F.2d 1328 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.Ct. 1032, 71 L.Ed.2d 315 (1982) (numerous ex parte contacts deemed harmless, including court note to “return a verdict” following rescission of jury note saying jury “deadlock[ed]”); United States v. Weiner, 578 F.2d 757, 765 (9th Cir.), cert. denied, 439 U.S. 981, 99 S.Ct. 568, 58 L.Ed.2d 651 (1978) (bailiff statement that he “assumed ... judge would ‘like’ a verdict” harmless); see also United States v. Brumbaugh, 471 F.2d 1128 (6th Cir.), cert. denied, 412 U.S. 918, 93 S.Ct. 2732, 37 L.Ed.2d 144 (1973) (bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless); Callanan v. United States, 223 F.2d 171, 180-81 (8th Cir.), cert. denied, 350 U.S. 862, 76 S.Ct. 102, 100 L.Ed. 764 (1955) (deputy marshal’s comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless)."
} | {
"signal": "see also",
"identifier": null,
"parenthetical": "bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless",
"sentence": "See United States v. Armstrong, 654 F.2d 1328 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.Ct. 1032, 71 L.Ed.2d 315 (1982) (numerous ex parte contacts deemed harmless, including court note to “return a verdict” following rescission of jury note saying jury “deadlock[ed]”); United States v. Weiner, 578 F.2d 757, 765 (9th Cir.), cert. denied, 439 U.S. 981, 99 S.Ct. 568, 58 L.Ed.2d 651 (1978) (bailiff statement that he “assumed ... judge would ‘like’ a verdict” harmless); see also United States v. Brumbaugh, 471 F.2d 1128 (6th Cir.), cert. denied, 412 U.S. 918, 93 S.Ct. 2732, 37 L.Ed.2d 144 (1973) (bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless); Callanan v. United States, 223 F.2d 171, 180-81 (8th Cir.), cert. denied, 350 U.S. 862, 76 S.Ct. 102, 100 L.Ed. 764 (1955) (deputy marshal’s comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless)."
} | 10,548,216 | a |
Unlike the Remmer facts, we find no evidence of deliberate coercion in the record and no evidence of an unintended effect tantamount to FBI questioning of a juror during deliberations. | {
"signal": "see",
"identifier": null,
"parenthetical": "numerous ex parte contacts deemed harmless, including court note to \"return a verdict\" following rescission of jury note saying jury \"deadlock[ed]\"",
"sentence": "See United States v. Armstrong, 654 F.2d 1328 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.Ct. 1032, 71 L.Ed.2d 315 (1982) (numerous ex parte contacts deemed harmless, including court note to “return a verdict” following rescission of jury note saying jury “deadlock[ed]”); United States v. Weiner, 578 F.2d 757, 765 (9th Cir.), cert. denied, 439 U.S. 981, 99 S.Ct. 568, 58 L.Ed.2d 651 (1978) (bailiff statement that he “assumed ... judge would ‘like’ a verdict” harmless); see also United States v. Brumbaugh, 471 F.2d 1128 (6th Cir.), cert. denied, 412 U.S. 918, 93 S.Ct. 2732, 37 L.Ed.2d 144 (1973) (bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless); Callanan v. United States, 223 F.2d 171, 180-81 (8th Cir.), cert. denied, 350 U.S. 862, 76 S.Ct. 102, 100 L.Ed. 764 (1955) (deputy marshal’s comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless)."
} | {
"signal": "see also",
"identifier": null,
"parenthetical": "bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless",
"sentence": "See United States v. Armstrong, 654 F.2d 1328 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.Ct. 1032, 71 L.Ed.2d 315 (1982) (numerous ex parte contacts deemed harmless, including court note to “return a verdict” following rescission of jury note saying jury “deadlock[ed]”); United States v. Weiner, 578 F.2d 757, 765 (9th Cir.), cert. denied, 439 U.S. 981, 99 S.Ct. 568, 58 L.Ed.2d 651 (1978) (bailiff statement that he “assumed ... judge would ‘like’ a verdict” harmless); see also United States v. Brumbaugh, 471 F.2d 1128 (6th Cir.), cert. denied, 412 U.S. 918, 93 S.Ct. 2732, 37 L.Ed.2d 144 (1973) (bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless); Callanan v. United States, 223 F.2d 171, 180-81 (8th Cir.), cert. denied, 350 U.S. 862, 76 S.Ct. 102, 100 L.Ed. 764 (1955) (deputy marshal’s comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless)."
} | 10,548,216 | a |
Unlike the Remmer facts, we find no evidence of deliberate coercion in the record and no evidence of an unintended effect tantamount to FBI questioning of a juror during deliberations. | {
"signal": "see",
"identifier": null,
"parenthetical": "numerous ex parte contacts deemed harmless, including court note to \"return a verdict\" following rescission of jury note saying jury \"deadlock[ed]\"",
"sentence": "See United States v. Armstrong, 654 F.2d 1328 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.Ct. 1032, 71 L.Ed.2d 315 (1982) (numerous ex parte contacts deemed harmless, including court note to “return a verdict” following rescission of jury note saying jury “deadlock[ed]”); United States v. Weiner, 578 F.2d 757, 765 (9th Cir.), cert. denied, 439 U.S. 981, 99 S.Ct. 568, 58 L.Ed.2d 651 (1978) (bailiff statement that he “assumed ... judge would ‘like’ a verdict” harmless); see also United States v. Brumbaugh, 471 F.2d 1128 (6th Cir.), cert. denied, 412 U.S. 918, 93 S.Ct. 2732, 37 L.Ed.2d 144 (1973) (bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless); Callanan v. United States, 223 F.2d 171, 180-81 (8th Cir.), cert. denied, 350 U.S. 862, 76 S.Ct. 102, 100 L.Ed. 764 (1955) (deputy marshal’s comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless)."
} | {
"signal": "see also",
"identifier": "223 F.2d 171, 180-81",
"parenthetical": "deputy marshal's comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless",
"sentence": "See United States v. Armstrong, 654 F.2d 1328 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.Ct. 1032, 71 L.Ed.2d 315 (1982) (numerous ex parte contacts deemed harmless, including court note to “return a verdict” following rescission of jury note saying jury “deadlock[ed]”); United States v. Weiner, 578 F.2d 757, 765 (9th Cir.), cert. denied, 439 U.S. 981, 99 S.Ct. 568, 58 L.Ed.2d 651 (1978) (bailiff statement that he “assumed ... judge would ‘like’ a verdict” harmless); see also United States v. Brumbaugh, 471 F.2d 1128 (6th Cir.), cert. denied, 412 U.S. 918, 93 S.Ct. 2732, 37 L.Ed.2d 144 (1973) (bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless); Callanan v. United States, 223 F.2d 171, 180-81 (8th Cir.), cert. denied, 350 U.S. 862, 76 S.Ct. 102, 100 L.Ed. 764 (1955) (deputy marshal’s comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless)."
} | 10,548,216 | a |
Unlike the Remmer facts, we find no evidence of deliberate coercion in the record and no evidence of an unintended effect tantamount to FBI questioning of a juror during deliberations. | {
"signal": "see also",
"identifier": null,
"parenthetical": "deputy marshal's comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless",
"sentence": "See United States v. Armstrong, 654 F.2d 1328 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.Ct. 1032, 71 L.Ed.2d 315 (1982) (numerous ex parte contacts deemed harmless, including court note to “return a verdict” following rescission of jury note saying jury “deadlock[ed]”); United States v. Weiner, 578 F.2d 757, 765 (9th Cir.), cert. denied, 439 U.S. 981, 99 S.Ct. 568, 58 L.Ed.2d 651 (1978) (bailiff statement that he “assumed ... judge would ‘like’ a verdict” harmless); see also United States v. Brumbaugh, 471 F.2d 1128 (6th Cir.), cert. denied, 412 U.S. 918, 93 S.Ct. 2732, 37 L.Ed.2d 144 (1973) (bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless); Callanan v. United States, 223 F.2d 171, 180-81 (8th Cir.), cert. denied, 350 U.S. 862, 76 S.Ct. 102, 100 L.Ed. 764 (1955) (deputy marshal’s comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless)."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "numerous ex parte contacts deemed harmless, including court note to \"return a verdict\" following rescission of jury note saying jury \"deadlock[ed]\"",
"sentence": "See United States v. Armstrong, 654 F.2d 1328 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.Ct. 1032, 71 L.Ed.2d 315 (1982) (numerous ex parte contacts deemed harmless, including court note to “return a verdict” following rescission of jury note saying jury “deadlock[ed]”); United States v. Weiner, 578 F.2d 757, 765 (9th Cir.), cert. denied, 439 U.S. 981, 99 S.Ct. 568, 58 L.Ed.2d 651 (1978) (bailiff statement that he “assumed ... judge would ‘like’ a verdict” harmless); see also United States v. Brumbaugh, 471 F.2d 1128 (6th Cir.), cert. denied, 412 U.S. 918, 93 S.Ct. 2732, 37 L.Ed.2d 144 (1973) (bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless); Callanan v. United States, 223 F.2d 171, 180-81 (8th Cir.), cert. denied, 350 U.S. 862, 76 S.Ct. 102, 100 L.Ed. 764 (1955) (deputy marshal’s comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless)."
} | 10,548,216 | b |
Unlike the Remmer facts, we find no evidence of deliberate coercion in the record and no evidence of an unintended effect tantamount to FBI questioning of a juror during deliberations. | {
"signal": "see also",
"identifier": null,
"parenthetical": "deputy marshal's comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless",
"sentence": "See United States v. Armstrong, 654 F.2d 1328 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.Ct. 1032, 71 L.Ed.2d 315 (1982) (numerous ex parte contacts deemed harmless, including court note to “return a verdict” following rescission of jury note saying jury “deadlock[ed]”); United States v. Weiner, 578 F.2d 757, 765 (9th Cir.), cert. denied, 439 U.S. 981, 99 S.Ct. 568, 58 L.Ed.2d 651 (1978) (bailiff statement that he “assumed ... judge would ‘like’ a verdict” harmless); see also United States v. Brumbaugh, 471 F.2d 1128 (6th Cir.), cert. denied, 412 U.S. 918, 93 S.Ct. 2732, 37 L.Ed.2d 144 (1973) (bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless); Callanan v. United States, 223 F.2d 171, 180-81 (8th Cir.), cert. denied, 350 U.S. 862, 76 S.Ct. 102, 100 L.Ed. 764 (1955) (deputy marshal’s comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless)."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "numerous ex parte contacts deemed harmless, including court note to \"return a verdict\" following rescission of jury note saying jury \"deadlock[ed]\"",
"sentence": "See United States v. Armstrong, 654 F.2d 1328 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.Ct. 1032, 71 L.Ed.2d 315 (1982) (numerous ex parte contacts deemed harmless, including court note to “return a verdict” following rescission of jury note saying jury “deadlock[ed]”); United States v. Weiner, 578 F.2d 757, 765 (9th Cir.), cert. denied, 439 U.S. 981, 99 S.Ct. 568, 58 L.Ed.2d 651 (1978) (bailiff statement that he “assumed ... judge would ‘like’ a verdict” harmless); see also United States v. Brumbaugh, 471 F.2d 1128 (6th Cir.), cert. denied, 412 U.S. 918, 93 S.Ct. 2732, 37 L.Ed.2d 144 (1973) (bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless); Callanan v. United States, 223 F.2d 171, 180-81 (8th Cir.), cert. denied, 350 U.S. 862, 76 S.Ct. 102, 100 L.Ed. 764 (1955) (deputy marshal’s comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless)."
} | 10,548,216 | b |
Unlike the Remmer facts, we find no evidence of deliberate coercion in the record and no evidence of an unintended effect tantamount to FBI questioning of a juror during deliberations. | {
"signal": "see also",
"identifier": null,
"parenthetical": "deputy marshal's comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless",
"sentence": "See United States v. Armstrong, 654 F.2d 1328 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.Ct. 1032, 71 L.Ed.2d 315 (1982) (numerous ex parte contacts deemed harmless, including court note to “return a verdict” following rescission of jury note saying jury “deadlock[ed]”); United States v. Weiner, 578 F.2d 757, 765 (9th Cir.), cert. denied, 439 U.S. 981, 99 S.Ct. 568, 58 L.Ed.2d 651 (1978) (bailiff statement that he “assumed ... judge would ‘like’ a verdict” harmless); see also United States v. Brumbaugh, 471 F.2d 1128 (6th Cir.), cert. denied, 412 U.S. 918, 93 S.Ct. 2732, 37 L.Ed.2d 144 (1973) (bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless); Callanan v. United States, 223 F.2d 171, 180-81 (8th Cir.), cert. denied, 350 U.S. 862, 76 S.Ct. 102, 100 L.Ed. 764 (1955) (deputy marshal’s comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless)."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "numerous ex parte contacts deemed harmless, including court note to \"return a verdict\" following rescission of jury note saying jury \"deadlock[ed]\"",
"sentence": "See United States v. Armstrong, 654 F.2d 1328 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.Ct. 1032, 71 L.Ed.2d 315 (1982) (numerous ex parte contacts deemed harmless, including court note to “return a verdict” following rescission of jury note saying jury “deadlock[ed]”); United States v. Weiner, 578 F.2d 757, 765 (9th Cir.), cert. denied, 439 U.S. 981, 99 S.Ct. 568, 58 L.Ed.2d 651 (1978) (bailiff statement that he “assumed ... judge would ‘like’ a verdict” harmless); see also United States v. Brumbaugh, 471 F.2d 1128 (6th Cir.), cert. denied, 412 U.S. 918, 93 S.Ct. 2732, 37 L.Ed.2d 144 (1973) (bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless); Callanan v. United States, 223 F.2d 171, 180-81 (8th Cir.), cert. denied, 350 U.S. 862, 76 S.Ct. 102, 100 L.Ed. 764 (1955) (deputy marshal’s comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless)."
} | 10,548,216 | b |
Unlike the Remmer facts, we find no evidence of deliberate coercion in the record and no evidence of an unintended effect tantamount to FBI questioning of a juror during deliberations. | {
"signal": "see also",
"identifier": null,
"parenthetical": "bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless",
"sentence": "See United States v. Armstrong, 654 F.2d 1328 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.Ct. 1032, 71 L.Ed.2d 315 (1982) (numerous ex parte contacts deemed harmless, including court note to “return a verdict” following rescission of jury note saying jury “deadlock[ed]”); United States v. Weiner, 578 F.2d 757, 765 (9th Cir.), cert. denied, 439 U.S. 981, 99 S.Ct. 568, 58 L.Ed.2d 651 (1978) (bailiff statement that he “assumed ... judge would ‘like’ a verdict” harmless); see also United States v. Brumbaugh, 471 F.2d 1128 (6th Cir.), cert. denied, 412 U.S. 918, 93 S.Ct. 2732, 37 L.Ed.2d 144 (1973) (bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless); Callanan v. United States, 223 F.2d 171, 180-81 (8th Cir.), cert. denied, 350 U.S. 862, 76 S.Ct. 102, 100 L.Ed. 764 (1955) (deputy marshal’s comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless)."
} | {
"signal": "see",
"identifier": "578 F.2d 757, 765",
"parenthetical": "bailiff statement that he \"assumed ... judge would 'like' a verdict\" harmless",
"sentence": "See United States v. Armstrong, 654 F.2d 1328 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.Ct. 1032, 71 L.Ed.2d 315 (1982) (numerous ex parte contacts deemed harmless, including court note to “return a verdict” following rescission of jury note saying jury “deadlock[ed]”); United States v. Weiner, 578 F.2d 757, 765 (9th Cir.), cert. denied, 439 U.S. 981, 99 S.Ct. 568, 58 L.Ed.2d 651 (1978) (bailiff statement that he “assumed ... judge would ‘like’ a verdict” harmless); see also United States v. Brumbaugh, 471 F.2d 1128 (6th Cir.), cert. denied, 412 U.S. 918, 93 S.Ct. 2732, 37 L.Ed.2d 144 (1973) (bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless); Callanan v. United States, 223 F.2d 171, 180-81 (8th Cir.), cert. denied, 350 U.S. 862, 76 S.Ct. 102, 100 L.Ed. 764 (1955) (deputy marshal’s comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless)."
} | 10,548,216 | b |
Unlike the Remmer facts, we find no evidence of deliberate coercion in the record and no evidence of an unintended effect tantamount to FBI questioning of a juror during deliberations. | {
"signal": "see also",
"identifier": null,
"parenthetical": "bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless",
"sentence": "See United States v. Armstrong, 654 F.2d 1328 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.Ct. 1032, 71 L.Ed.2d 315 (1982) (numerous ex parte contacts deemed harmless, including court note to “return a verdict” following rescission of jury note saying jury “deadlock[ed]”); United States v. Weiner, 578 F.2d 757, 765 (9th Cir.), cert. denied, 439 U.S. 981, 99 S.Ct. 568, 58 L.Ed.2d 651 (1978) (bailiff statement that he “assumed ... judge would ‘like’ a verdict” harmless); see also United States v. Brumbaugh, 471 F.2d 1128 (6th Cir.), cert. denied, 412 U.S. 918, 93 S.Ct. 2732, 37 L.Ed.2d 144 (1973) (bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless); Callanan v. United States, 223 F.2d 171, 180-81 (8th Cir.), cert. denied, 350 U.S. 862, 76 S.Ct. 102, 100 L.Ed. 764 (1955) (deputy marshal’s comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless)."
} | {
"signal": "see",
"identifier": "578 F.2d 757, 765",
"parenthetical": "bailiff statement that he \"assumed ... judge would 'like' a verdict\" harmless",
"sentence": "See United States v. Armstrong, 654 F.2d 1328 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.Ct. 1032, 71 L.Ed.2d 315 (1982) (numerous ex parte contacts deemed harmless, including court note to “return a verdict” following rescission of jury note saying jury “deadlock[ed]”); United States v. Weiner, 578 F.2d 757, 765 (9th Cir.), cert. denied, 439 U.S. 981, 99 S.Ct. 568, 58 L.Ed.2d 651 (1978) (bailiff statement that he “assumed ... judge would ‘like’ a verdict” harmless); see also United States v. Brumbaugh, 471 F.2d 1128 (6th Cir.), cert. denied, 412 U.S. 918, 93 S.Ct. 2732, 37 L.Ed.2d 144 (1973) (bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless); Callanan v. United States, 223 F.2d 171, 180-81 (8th Cir.), cert. denied, 350 U.S. 862, 76 S.Ct. 102, 100 L.Ed. 764 (1955) (deputy marshal’s comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless)."
} | 10,548,216 | b |
Unlike the Remmer facts, we find no evidence of deliberate coercion in the record and no evidence of an unintended effect tantamount to FBI questioning of a juror during deliberations. | {
"signal": "see",
"identifier": "578 F.2d 757, 765",
"parenthetical": "bailiff statement that he \"assumed ... judge would 'like' a verdict\" harmless",
"sentence": "See United States v. Armstrong, 654 F.2d 1328 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.Ct. 1032, 71 L.Ed.2d 315 (1982) (numerous ex parte contacts deemed harmless, including court note to “return a verdict” following rescission of jury note saying jury “deadlock[ed]”); United States v. Weiner, 578 F.2d 757, 765 (9th Cir.), cert. denied, 439 U.S. 981, 99 S.Ct. 568, 58 L.Ed.2d 651 (1978) (bailiff statement that he “assumed ... judge would ‘like’ a verdict” harmless); see also United States v. Brumbaugh, 471 F.2d 1128 (6th Cir.), cert. denied, 412 U.S. 918, 93 S.Ct. 2732, 37 L.Ed.2d 144 (1973) (bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless); Callanan v. United States, 223 F.2d 171, 180-81 (8th Cir.), cert. denied, 350 U.S. 862, 76 S.Ct. 102, 100 L.Ed. 764 (1955) (deputy marshal’s comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless)."
} | {
"signal": "see also",
"identifier": null,
"parenthetical": "bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless",
"sentence": "See United States v. Armstrong, 654 F.2d 1328 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.Ct. 1032, 71 L.Ed.2d 315 (1982) (numerous ex parte contacts deemed harmless, including court note to “return a verdict” following rescission of jury note saying jury “deadlock[ed]”); United States v. Weiner, 578 F.2d 757, 765 (9th Cir.), cert. denied, 439 U.S. 981, 99 S.Ct. 568, 58 L.Ed.2d 651 (1978) (bailiff statement that he “assumed ... judge would ‘like’ a verdict” harmless); see also United States v. Brumbaugh, 471 F.2d 1128 (6th Cir.), cert. denied, 412 U.S. 918, 93 S.Ct. 2732, 37 L.Ed.2d 144 (1973) (bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless); Callanan v. United States, 223 F.2d 171, 180-81 (8th Cir.), cert. denied, 350 U.S. 862, 76 S.Ct. 102, 100 L.Ed. 764 (1955) (deputy marshal’s comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless)."
} | 10,548,216 | a |
Unlike the Remmer facts, we find no evidence of deliberate coercion in the record and no evidence of an unintended effect tantamount to FBI questioning of a juror during deliberations. | {
"signal": "see",
"identifier": "578 F.2d 757, 765",
"parenthetical": "bailiff statement that he \"assumed ... judge would 'like' a verdict\" harmless",
"sentence": "See United States v. Armstrong, 654 F.2d 1328 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.Ct. 1032, 71 L.Ed.2d 315 (1982) (numerous ex parte contacts deemed harmless, including court note to “return a verdict” following rescission of jury note saying jury “deadlock[ed]”); United States v. Weiner, 578 F.2d 757, 765 (9th Cir.), cert. denied, 439 U.S. 981, 99 S.Ct. 568, 58 L.Ed.2d 651 (1978) (bailiff statement that he “assumed ... judge would ‘like’ a verdict” harmless); see also United States v. Brumbaugh, 471 F.2d 1128 (6th Cir.), cert. denied, 412 U.S. 918, 93 S.Ct. 2732, 37 L.Ed.2d 144 (1973) (bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless); Callanan v. United States, 223 F.2d 171, 180-81 (8th Cir.), cert. denied, 350 U.S. 862, 76 S.Ct. 102, 100 L.Ed. 764 (1955) (deputy marshal’s comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless)."
} | {
"signal": "see also",
"identifier": null,
"parenthetical": "bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless",
"sentence": "See United States v. Armstrong, 654 F.2d 1328 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.Ct. 1032, 71 L.Ed.2d 315 (1982) (numerous ex parte contacts deemed harmless, including court note to “return a verdict” following rescission of jury note saying jury “deadlock[ed]”); United States v. Weiner, 578 F.2d 757, 765 (9th Cir.), cert. denied, 439 U.S. 981, 99 S.Ct. 568, 58 L.Ed.2d 651 (1978) (bailiff statement that he “assumed ... judge would ‘like’ a verdict” harmless); see also United States v. Brumbaugh, 471 F.2d 1128 (6th Cir.), cert. denied, 412 U.S. 918, 93 S.Ct. 2732, 37 L.Ed.2d 144 (1973) (bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless); Callanan v. United States, 223 F.2d 171, 180-81 (8th Cir.), cert. denied, 350 U.S. 862, 76 S.Ct. 102, 100 L.Ed. 764 (1955) (deputy marshal’s comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless)."
} | 10,548,216 | a |
Unlike the Remmer facts, we find no evidence of deliberate coercion in the record and no evidence of an unintended effect tantamount to FBI questioning of a juror during deliberations. | {
"signal": "see",
"identifier": "578 F.2d 757, 765",
"parenthetical": "bailiff statement that he \"assumed ... judge would 'like' a verdict\" harmless",
"sentence": "See United States v. Armstrong, 654 F.2d 1328 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.Ct. 1032, 71 L.Ed.2d 315 (1982) (numerous ex parte contacts deemed harmless, including court note to “return a verdict” following rescission of jury note saying jury “deadlock[ed]”); United States v. Weiner, 578 F.2d 757, 765 (9th Cir.), cert. denied, 439 U.S. 981, 99 S.Ct. 568, 58 L.Ed.2d 651 (1978) (bailiff statement that he “assumed ... judge would ‘like’ a verdict” harmless); see also United States v. Brumbaugh, 471 F.2d 1128 (6th Cir.), cert. denied, 412 U.S. 918, 93 S.Ct. 2732, 37 L.Ed.2d 144 (1973) (bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless); Callanan v. United States, 223 F.2d 171, 180-81 (8th Cir.), cert. denied, 350 U.S. 862, 76 S.Ct. 102, 100 L.Ed. 764 (1955) (deputy marshal’s comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless)."
} | {
"signal": "see also",
"identifier": "223 F.2d 171, 180-81",
"parenthetical": "deputy marshal's comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless",
"sentence": "See United States v. Armstrong, 654 F.2d 1328 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.Ct. 1032, 71 L.Ed.2d 315 (1982) (numerous ex parte contacts deemed harmless, including court note to “return a verdict” following rescission of jury note saying jury “deadlock[ed]”); United States v. Weiner, 578 F.2d 757, 765 (9th Cir.), cert. denied, 439 U.S. 981, 99 S.Ct. 568, 58 L.Ed.2d 651 (1978) (bailiff statement that he “assumed ... judge would ‘like’ a verdict” harmless); see also United States v. Brumbaugh, 471 F.2d 1128 (6th Cir.), cert. denied, 412 U.S. 918, 93 S.Ct. 2732, 37 L.Ed.2d 144 (1973) (bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless); Callanan v. United States, 223 F.2d 171, 180-81 (8th Cir.), cert. denied, 350 U.S. 862, 76 S.Ct. 102, 100 L.Ed. 764 (1955) (deputy marshal’s comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless)."
} | 10,548,216 | a |
Unlike the Remmer facts, we find no evidence of deliberate coercion in the record and no evidence of an unintended effect tantamount to FBI questioning of a juror during deliberations. | {
"signal": "see also",
"identifier": null,
"parenthetical": "deputy marshal's comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless",
"sentence": "See United States v. Armstrong, 654 F.2d 1328 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.Ct. 1032, 71 L.Ed.2d 315 (1982) (numerous ex parte contacts deemed harmless, including court note to “return a verdict” following rescission of jury note saying jury “deadlock[ed]”); United States v. Weiner, 578 F.2d 757, 765 (9th Cir.), cert. denied, 439 U.S. 981, 99 S.Ct. 568, 58 L.Ed.2d 651 (1978) (bailiff statement that he “assumed ... judge would ‘like’ a verdict” harmless); see also United States v. Brumbaugh, 471 F.2d 1128 (6th Cir.), cert. denied, 412 U.S. 918, 93 S.Ct. 2732, 37 L.Ed.2d 144 (1973) (bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless); Callanan v. United States, 223 F.2d 171, 180-81 (8th Cir.), cert. denied, 350 U.S. 862, 76 S.Ct. 102, 100 L.Ed. 764 (1955) (deputy marshal’s comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless)."
} | {
"signal": "see",
"identifier": "578 F.2d 757, 765",
"parenthetical": "bailiff statement that he \"assumed ... judge would 'like' a verdict\" harmless",
"sentence": "See United States v. Armstrong, 654 F.2d 1328 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.Ct. 1032, 71 L.Ed.2d 315 (1982) (numerous ex parte contacts deemed harmless, including court note to “return a verdict” following rescission of jury note saying jury “deadlock[ed]”); United States v. Weiner, 578 F.2d 757, 765 (9th Cir.), cert. denied, 439 U.S. 981, 99 S.Ct. 568, 58 L.Ed.2d 651 (1978) (bailiff statement that he “assumed ... judge would ‘like’ a verdict” harmless); see also United States v. Brumbaugh, 471 F.2d 1128 (6th Cir.), cert. denied, 412 U.S. 918, 93 S.Ct. 2732, 37 L.Ed.2d 144 (1973) (bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless); Callanan v. United States, 223 F.2d 171, 180-81 (8th Cir.), cert. denied, 350 U.S. 862, 76 S.Ct. 102, 100 L.Ed. 764 (1955) (deputy marshal’s comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless)."
} | 10,548,216 | b |
Unlike the Remmer facts, we find no evidence of deliberate coercion in the record and no evidence of an unintended effect tantamount to FBI questioning of a juror during deliberations. | {
"signal": "see also",
"identifier": null,
"parenthetical": "deputy marshal's comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless",
"sentence": "See United States v. Armstrong, 654 F.2d 1328 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.Ct. 1032, 71 L.Ed.2d 315 (1982) (numerous ex parte contacts deemed harmless, including court note to “return a verdict” following rescission of jury note saying jury “deadlock[ed]”); United States v. Weiner, 578 F.2d 757, 765 (9th Cir.), cert. denied, 439 U.S. 981, 99 S.Ct. 568, 58 L.Ed.2d 651 (1978) (bailiff statement that he “assumed ... judge would ‘like’ a verdict” harmless); see also United States v. Brumbaugh, 471 F.2d 1128 (6th Cir.), cert. denied, 412 U.S. 918, 93 S.Ct. 2732, 37 L.Ed.2d 144 (1973) (bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless); Callanan v. United States, 223 F.2d 171, 180-81 (8th Cir.), cert. denied, 350 U.S. 862, 76 S.Ct. 102, 100 L.Ed. 764 (1955) (deputy marshal’s comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless)."
} | {
"signal": "see",
"identifier": "578 F.2d 757, 765",
"parenthetical": "bailiff statement that he \"assumed ... judge would 'like' a verdict\" harmless",
"sentence": "See United States v. Armstrong, 654 F.2d 1328 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.Ct. 1032, 71 L.Ed.2d 315 (1982) (numerous ex parte contacts deemed harmless, including court note to “return a verdict” following rescission of jury note saying jury “deadlock[ed]”); United States v. Weiner, 578 F.2d 757, 765 (9th Cir.), cert. denied, 439 U.S. 981, 99 S.Ct. 568, 58 L.Ed.2d 651 (1978) (bailiff statement that he “assumed ... judge would ‘like’ a verdict” harmless); see also United States v. Brumbaugh, 471 F.2d 1128 (6th Cir.), cert. denied, 412 U.S. 918, 93 S.Ct. 2732, 37 L.Ed.2d 144 (1973) (bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless); Callanan v. United States, 223 F.2d 171, 180-81 (8th Cir.), cert. denied, 350 U.S. 862, 76 S.Ct. 102, 100 L.Ed. 764 (1955) (deputy marshal’s comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless)."
} | 10,548,216 | b |
Unlike the Remmer facts, we find no evidence of deliberate coercion in the record and no evidence of an unintended effect tantamount to FBI questioning of a juror during deliberations. | {
"signal": "see",
"identifier": "578 F.2d 757, 765",
"parenthetical": "bailiff statement that he \"assumed ... judge would 'like' a verdict\" harmless",
"sentence": "See United States v. Armstrong, 654 F.2d 1328 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.Ct. 1032, 71 L.Ed.2d 315 (1982) (numerous ex parte contacts deemed harmless, including court note to “return a verdict” following rescission of jury note saying jury “deadlock[ed]”); United States v. Weiner, 578 F.2d 757, 765 (9th Cir.), cert. denied, 439 U.S. 981, 99 S.Ct. 568, 58 L.Ed.2d 651 (1978) (bailiff statement that he “assumed ... judge would ‘like’ a verdict” harmless); see also United States v. Brumbaugh, 471 F.2d 1128 (6th Cir.), cert. denied, 412 U.S. 918, 93 S.Ct. 2732, 37 L.Ed.2d 144 (1973) (bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless); Callanan v. United States, 223 F.2d 171, 180-81 (8th Cir.), cert. denied, 350 U.S. 862, 76 S.Ct. 102, 100 L.Ed. 764 (1955) (deputy marshal’s comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless)."
} | {
"signal": "see also",
"identifier": null,
"parenthetical": "deputy marshal's comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless",
"sentence": "See United States v. Armstrong, 654 F.2d 1328 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.Ct. 1032, 71 L.Ed.2d 315 (1982) (numerous ex parte contacts deemed harmless, including court note to “return a verdict” following rescission of jury note saying jury “deadlock[ed]”); United States v. Weiner, 578 F.2d 757, 765 (9th Cir.), cert. denied, 439 U.S. 981, 99 S.Ct. 568, 58 L.Ed.2d 651 (1978) (bailiff statement that he “assumed ... judge would ‘like’ a verdict” harmless); see also United States v. Brumbaugh, 471 F.2d 1128 (6th Cir.), cert. denied, 412 U.S. 918, 93 S.Ct. 2732, 37 L.Ed.2d 144 (1973) (bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless); Callanan v. United States, 223 F.2d 171, 180-81 (8th Cir.), cert. denied, 350 U.S. 862, 76 S.Ct. 102, 100 L.Ed. 764 (1955) (deputy marshal’s comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless)."
} | 10,548,216 | a |
Unlike the Remmer facts, we find no evidence of deliberate coercion in the record and no evidence of an unintended effect tantamount to FBI questioning of a juror during deliberations. | {
"signal": "see also",
"identifier": null,
"parenthetical": "bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless",
"sentence": "See United States v. Armstrong, 654 F.2d 1328 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.Ct. 1032, 71 L.Ed.2d 315 (1982) (numerous ex parte contacts deemed harmless, including court note to “return a verdict” following rescission of jury note saying jury “deadlock[ed]”); United States v. Weiner, 578 F.2d 757, 765 (9th Cir.), cert. denied, 439 U.S. 981, 99 S.Ct. 568, 58 L.Ed.2d 651 (1978) (bailiff statement that he “assumed ... judge would ‘like’ a verdict” harmless); see also United States v. Brumbaugh, 471 F.2d 1128 (6th Cir.), cert. denied, 412 U.S. 918, 93 S.Ct. 2732, 37 L.Ed.2d 144 (1973) (bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless); Callanan v. United States, 223 F.2d 171, 180-81 (8th Cir.), cert. denied, 350 U.S. 862, 76 S.Ct. 102, 100 L.Ed. 764 (1955) (deputy marshal’s comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless)."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "bailiff statement that he \"assumed ... judge would 'like' a verdict\" harmless",
"sentence": "See United States v. Armstrong, 654 F.2d 1328 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.Ct. 1032, 71 L.Ed.2d 315 (1982) (numerous ex parte contacts deemed harmless, including court note to “return a verdict” following rescission of jury note saying jury “deadlock[ed]”); United States v. Weiner, 578 F.2d 757, 765 (9th Cir.), cert. denied, 439 U.S. 981, 99 S.Ct. 568, 58 L.Ed.2d 651 (1978) (bailiff statement that he “assumed ... judge would ‘like’ a verdict” harmless); see also United States v. Brumbaugh, 471 F.2d 1128 (6th Cir.), cert. denied, 412 U.S. 918, 93 S.Ct. 2732, 37 L.Ed.2d 144 (1973) (bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless); Callanan v. United States, 223 F.2d 171, 180-81 (8th Cir.), cert. denied, 350 U.S. 862, 76 S.Ct. 102, 100 L.Ed. 764 (1955) (deputy marshal’s comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless)."
} | 10,548,216 | b |
Unlike the Remmer facts, we find no evidence of deliberate coercion in the record and no evidence of an unintended effect tantamount to FBI questioning of a juror during deliberations. | {
"signal": "see also",
"identifier": null,
"parenthetical": "bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless",
"sentence": "See United States v. Armstrong, 654 F.2d 1328 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.Ct. 1032, 71 L.Ed.2d 315 (1982) (numerous ex parte contacts deemed harmless, including court note to “return a verdict” following rescission of jury note saying jury “deadlock[ed]”); United States v. Weiner, 578 F.2d 757, 765 (9th Cir.), cert. denied, 439 U.S. 981, 99 S.Ct. 568, 58 L.Ed.2d 651 (1978) (bailiff statement that he “assumed ... judge would ‘like’ a verdict” harmless); see also United States v. Brumbaugh, 471 F.2d 1128 (6th Cir.), cert. denied, 412 U.S. 918, 93 S.Ct. 2732, 37 L.Ed.2d 144 (1973) (bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless); Callanan v. United States, 223 F.2d 171, 180-81 (8th Cir.), cert. denied, 350 U.S. 862, 76 S.Ct. 102, 100 L.Ed. 764 (1955) (deputy marshal’s comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless)."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "bailiff statement that he \"assumed ... judge would 'like' a verdict\" harmless",
"sentence": "See United States v. Armstrong, 654 F.2d 1328 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.Ct. 1032, 71 L.Ed.2d 315 (1982) (numerous ex parte contacts deemed harmless, including court note to “return a verdict” following rescission of jury note saying jury “deadlock[ed]”); United States v. Weiner, 578 F.2d 757, 765 (9th Cir.), cert. denied, 439 U.S. 981, 99 S.Ct. 568, 58 L.Ed.2d 651 (1978) (bailiff statement that he “assumed ... judge would ‘like’ a verdict” harmless); see also United States v. Brumbaugh, 471 F.2d 1128 (6th Cir.), cert. denied, 412 U.S. 918, 93 S.Ct. 2732, 37 L.Ed.2d 144 (1973) (bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless); Callanan v. United States, 223 F.2d 171, 180-81 (8th Cir.), cert. denied, 350 U.S. 862, 76 S.Ct. 102, 100 L.Ed. 764 (1955) (deputy marshal’s comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless)."
} | 10,548,216 | b |
Unlike the Remmer facts, we find no evidence of deliberate coercion in the record and no evidence of an unintended effect tantamount to FBI questioning of a juror during deliberations. | {
"signal": "see also",
"identifier": null,
"parenthetical": "bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless",
"sentence": "See United States v. Armstrong, 654 F.2d 1328 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.Ct. 1032, 71 L.Ed.2d 315 (1982) (numerous ex parte contacts deemed harmless, including court note to “return a verdict” following rescission of jury note saying jury “deadlock[ed]”); United States v. Weiner, 578 F.2d 757, 765 (9th Cir.), cert. denied, 439 U.S. 981, 99 S.Ct. 568, 58 L.Ed.2d 651 (1978) (bailiff statement that he “assumed ... judge would ‘like’ a verdict” harmless); see also United States v. Brumbaugh, 471 F.2d 1128 (6th Cir.), cert. denied, 412 U.S. 918, 93 S.Ct. 2732, 37 L.Ed.2d 144 (1973) (bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless); Callanan v. United States, 223 F.2d 171, 180-81 (8th Cir.), cert. denied, 350 U.S. 862, 76 S.Ct. 102, 100 L.Ed. 764 (1955) (deputy marshal’s comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless)."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "bailiff statement that he \"assumed ... judge would 'like' a verdict\" harmless",
"sentence": "See United States v. Armstrong, 654 F.2d 1328 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.Ct. 1032, 71 L.Ed.2d 315 (1982) (numerous ex parte contacts deemed harmless, including court note to “return a verdict” following rescission of jury note saying jury “deadlock[ed]”); United States v. Weiner, 578 F.2d 757, 765 (9th Cir.), cert. denied, 439 U.S. 981, 99 S.Ct. 568, 58 L.Ed.2d 651 (1978) (bailiff statement that he “assumed ... judge would ‘like’ a verdict” harmless); see also United States v. Brumbaugh, 471 F.2d 1128 (6th Cir.), cert. denied, 412 U.S. 918, 93 S.Ct. 2732, 37 L.Ed.2d 144 (1973) (bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless); Callanan v. United States, 223 F.2d 171, 180-81 (8th Cir.), cert. denied, 350 U.S. 862, 76 S.Ct. 102, 100 L.Ed. 764 (1955) (deputy marshal’s comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless)."
} | 10,548,216 | b |
Unlike the Remmer facts, we find no evidence of deliberate coercion in the record and no evidence of an unintended effect tantamount to FBI questioning of a juror during deliberations. | {
"signal": "see",
"identifier": null,
"parenthetical": "bailiff statement that he \"assumed ... judge would 'like' a verdict\" harmless",
"sentence": "See United States v. Armstrong, 654 F.2d 1328 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.Ct. 1032, 71 L.Ed.2d 315 (1982) (numerous ex parte contacts deemed harmless, including court note to “return a verdict” following rescission of jury note saying jury “deadlock[ed]”); United States v. Weiner, 578 F.2d 757, 765 (9th Cir.), cert. denied, 439 U.S. 981, 99 S.Ct. 568, 58 L.Ed.2d 651 (1978) (bailiff statement that he “assumed ... judge would ‘like’ a verdict” harmless); see also United States v. Brumbaugh, 471 F.2d 1128 (6th Cir.), cert. denied, 412 U.S. 918, 93 S.Ct. 2732, 37 L.Ed.2d 144 (1973) (bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless); Callanan v. United States, 223 F.2d 171, 180-81 (8th Cir.), cert. denied, 350 U.S. 862, 76 S.Ct. 102, 100 L.Ed. 764 (1955) (deputy marshal’s comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless)."
} | {
"signal": "see also",
"identifier": null,
"parenthetical": "bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless",
"sentence": "See United States v. Armstrong, 654 F.2d 1328 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.Ct. 1032, 71 L.Ed.2d 315 (1982) (numerous ex parte contacts deemed harmless, including court note to “return a verdict” following rescission of jury note saying jury “deadlock[ed]”); United States v. Weiner, 578 F.2d 757, 765 (9th Cir.), cert. denied, 439 U.S. 981, 99 S.Ct. 568, 58 L.Ed.2d 651 (1978) (bailiff statement that he “assumed ... judge would ‘like’ a verdict” harmless); see also United States v. Brumbaugh, 471 F.2d 1128 (6th Cir.), cert. denied, 412 U.S. 918, 93 S.Ct. 2732, 37 L.Ed.2d 144 (1973) (bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless); Callanan v. United States, 223 F.2d 171, 180-81 (8th Cir.), cert. denied, 350 U.S. 862, 76 S.Ct. 102, 100 L.Ed. 764 (1955) (deputy marshal’s comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless)."
} | 10,548,216 | a |
Unlike the Remmer facts, we find no evidence of deliberate coercion in the record and no evidence of an unintended effect tantamount to FBI questioning of a juror during deliberations. | {
"signal": "see",
"identifier": null,
"parenthetical": "bailiff statement that he \"assumed ... judge would 'like' a verdict\" harmless",
"sentence": "See United States v. Armstrong, 654 F.2d 1328 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.Ct. 1032, 71 L.Ed.2d 315 (1982) (numerous ex parte contacts deemed harmless, including court note to “return a verdict” following rescission of jury note saying jury “deadlock[ed]”); United States v. Weiner, 578 F.2d 757, 765 (9th Cir.), cert. denied, 439 U.S. 981, 99 S.Ct. 568, 58 L.Ed.2d 651 (1978) (bailiff statement that he “assumed ... judge would ‘like’ a verdict” harmless); see also United States v. Brumbaugh, 471 F.2d 1128 (6th Cir.), cert. denied, 412 U.S. 918, 93 S.Ct. 2732, 37 L.Ed.2d 144 (1973) (bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless); Callanan v. United States, 223 F.2d 171, 180-81 (8th Cir.), cert. denied, 350 U.S. 862, 76 S.Ct. 102, 100 L.Ed. 764 (1955) (deputy marshal’s comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless)."
} | {
"signal": "see also",
"identifier": "223 F.2d 171, 180-81",
"parenthetical": "deputy marshal's comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless",
"sentence": "See United States v. Armstrong, 654 F.2d 1328 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.Ct. 1032, 71 L.Ed.2d 315 (1982) (numerous ex parte contacts deemed harmless, including court note to “return a verdict” following rescission of jury note saying jury “deadlock[ed]”); United States v. Weiner, 578 F.2d 757, 765 (9th Cir.), cert. denied, 439 U.S. 981, 99 S.Ct. 568, 58 L.Ed.2d 651 (1978) (bailiff statement that he “assumed ... judge would ‘like’ a verdict” harmless); see also United States v. Brumbaugh, 471 F.2d 1128 (6th Cir.), cert. denied, 412 U.S. 918, 93 S.Ct. 2732, 37 L.Ed.2d 144 (1973) (bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless); Callanan v. United States, 223 F.2d 171, 180-81 (8th Cir.), cert. denied, 350 U.S. 862, 76 S.Ct. 102, 100 L.Ed. 764 (1955) (deputy marshal’s comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless)."
} | 10,548,216 | a |
Unlike the Remmer facts, we find no evidence of deliberate coercion in the record and no evidence of an unintended effect tantamount to FBI questioning of a juror during deliberations. | {
"signal": "see also",
"identifier": null,
"parenthetical": "deputy marshal's comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless",
"sentence": "See United States v. Armstrong, 654 F.2d 1328 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.Ct. 1032, 71 L.Ed.2d 315 (1982) (numerous ex parte contacts deemed harmless, including court note to “return a verdict” following rescission of jury note saying jury “deadlock[ed]”); United States v. Weiner, 578 F.2d 757, 765 (9th Cir.), cert. denied, 439 U.S. 981, 99 S.Ct. 568, 58 L.Ed.2d 651 (1978) (bailiff statement that he “assumed ... judge would ‘like’ a verdict” harmless); see also United States v. Brumbaugh, 471 F.2d 1128 (6th Cir.), cert. denied, 412 U.S. 918, 93 S.Ct. 2732, 37 L.Ed.2d 144 (1973) (bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless); Callanan v. United States, 223 F.2d 171, 180-81 (8th Cir.), cert. denied, 350 U.S. 862, 76 S.Ct. 102, 100 L.Ed. 764 (1955) (deputy marshal’s comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless)."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "bailiff statement that he \"assumed ... judge would 'like' a verdict\" harmless",
"sentence": "See United States v. Armstrong, 654 F.2d 1328 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.Ct. 1032, 71 L.Ed.2d 315 (1982) (numerous ex parte contacts deemed harmless, including court note to “return a verdict” following rescission of jury note saying jury “deadlock[ed]”); United States v. Weiner, 578 F.2d 757, 765 (9th Cir.), cert. denied, 439 U.S. 981, 99 S.Ct. 568, 58 L.Ed.2d 651 (1978) (bailiff statement that he “assumed ... judge would ‘like’ a verdict” harmless); see also United States v. Brumbaugh, 471 F.2d 1128 (6th Cir.), cert. denied, 412 U.S. 918, 93 S.Ct. 2732, 37 L.Ed.2d 144 (1973) (bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless); Callanan v. United States, 223 F.2d 171, 180-81 (8th Cir.), cert. denied, 350 U.S. 862, 76 S.Ct. 102, 100 L.Ed. 764 (1955) (deputy marshal’s comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless)."
} | 10,548,216 | b |
Unlike the Remmer facts, we find no evidence of deliberate coercion in the record and no evidence of an unintended effect tantamount to FBI questioning of a juror during deliberations. | {
"signal": "see also",
"identifier": null,
"parenthetical": "deputy marshal's comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless",
"sentence": "See United States v. Armstrong, 654 F.2d 1328 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.Ct. 1032, 71 L.Ed.2d 315 (1982) (numerous ex parte contacts deemed harmless, including court note to “return a verdict” following rescission of jury note saying jury “deadlock[ed]”); United States v. Weiner, 578 F.2d 757, 765 (9th Cir.), cert. denied, 439 U.S. 981, 99 S.Ct. 568, 58 L.Ed.2d 651 (1978) (bailiff statement that he “assumed ... judge would ‘like’ a verdict” harmless); see also United States v. Brumbaugh, 471 F.2d 1128 (6th Cir.), cert. denied, 412 U.S. 918, 93 S.Ct. 2732, 37 L.Ed.2d 144 (1973) (bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless); Callanan v. United States, 223 F.2d 171, 180-81 (8th Cir.), cert. denied, 350 U.S. 862, 76 S.Ct. 102, 100 L.Ed. 764 (1955) (deputy marshal’s comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless)."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "bailiff statement that he \"assumed ... judge would 'like' a verdict\" harmless",
"sentence": "See United States v. Armstrong, 654 F.2d 1328 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.Ct. 1032, 71 L.Ed.2d 315 (1982) (numerous ex parte contacts deemed harmless, including court note to “return a verdict” following rescission of jury note saying jury “deadlock[ed]”); United States v. Weiner, 578 F.2d 757, 765 (9th Cir.), cert. denied, 439 U.S. 981, 99 S.Ct. 568, 58 L.Ed.2d 651 (1978) (bailiff statement that he “assumed ... judge would ‘like’ a verdict” harmless); see also United States v. Brumbaugh, 471 F.2d 1128 (6th Cir.), cert. denied, 412 U.S. 918, 93 S.Ct. 2732, 37 L.Ed.2d 144 (1973) (bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless); Callanan v. United States, 223 F.2d 171, 180-81 (8th Cir.), cert. denied, 350 U.S. 862, 76 S.Ct. 102, 100 L.Ed. 764 (1955) (deputy marshal’s comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless)."
} | 10,548,216 | b |
Unlike the Remmer facts, we find no evidence of deliberate coercion in the record and no evidence of an unintended effect tantamount to FBI questioning of a juror during deliberations. | {
"signal": "see also",
"identifier": null,
"parenthetical": "deputy marshal's comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless",
"sentence": "See United States v. Armstrong, 654 F.2d 1328 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.Ct. 1032, 71 L.Ed.2d 315 (1982) (numerous ex parte contacts deemed harmless, including court note to “return a verdict” following rescission of jury note saying jury “deadlock[ed]”); United States v. Weiner, 578 F.2d 757, 765 (9th Cir.), cert. denied, 439 U.S. 981, 99 S.Ct. 568, 58 L.Ed.2d 651 (1978) (bailiff statement that he “assumed ... judge would ‘like’ a verdict” harmless); see also United States v. Brumbaugh, 471 F.2d 1128 (6th Cir.), cert. denied, 412 U.S. 918, 93 S.Ct. 2732, 37 L.Ed.2d 144 (1973) (bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless); Callanan v. United States, 223 F.2d 171, 180-81 (8th Cir.), cert. denied, 350 U.S. 862, 76 S.Ct. 102, 100 L.Ed. 764 (1955) (deputy marshal’s comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless)."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "bailiff statement that he \"assumed ... judge would 'like' a verdict\" harmless",
"sentence": "See United States v. Armstrong, 654 F.2d 1328 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.Ct. 1032, 71 L.Ed.2d 315 (1982) (numerous ex parte contacts deemed harmless, including court note to “return a verdict” following rescission of jury note saying jury “deadlock[ed]”); United States v. Weiner, 578 F.2d 757, 765 (9th Cir.), cert. denied, 439 U.S. 981, 99 S.Ct. 568, 58 L.Ed.2d 651 (1978) (bailiff statement that he “assumed ... judge would ‘like’ a verdict” harmless); see also United States v. Brumbaugh, 471 F.2d 1128 (6th Cir.), cert. denied, 412 U.S. 918, 93 S.Ct. 2732, 37 L.Ed.2d 144 (1973) (bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless); Callanan v. United States, 223 F.2d 171, 180-81 (8th Cir.), cert. denied, 350 U.S. 862, 76 S.Ct. 102, 100 L.Ed. 764 (1955) (deputy marshal’s comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless)."
} | 10,548,216 | b |
Unlike the Remmer facts, we find no evidence of deliberate coercion in the record and no evidence of an unintended effect tantamount to FBI questioning of a juror during deliberations. | {
"signal": "see also",
"identifier": null,
"parenthetical": "bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless",
"sentence": "See United States v. Armstrong, 654 F.2d 1328 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.Ct. 1032, 71 L.Ed.2d 315 (1982) (numerous ex parte contacts deemed harmless, including court note to “return a verdict” following rescission of jury note saying jury “deadlock[ed]”); United States v. Weiner, 578 F.2d 757, 765 (9th Cir.), cert. denied, 439 U.S. 981, 99 S.Ct. 568, 58 L.Ed.2d 651 (1978) (bailiff statement that he “assumed ... judge would ‘like’ a verdict” harmless); see also United States v. Brumbaugh, 471 F.2d 1128 (6th Cir.), cert. denied, 412 U.S. 918, 93 S.Ct. 2732, 37 L.Ed.2d 144 (1973) (bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless); Callanan v. United States, 223 F.2d 171, 180-81 (8th Cir.), cert. denied, 350 U.S. 862, 76 S.Ct. 102, 100 L.Ed. 764 (1955) (deputy marshal’s comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless)."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "bailiff statement that he \"assumed ... judge would 'like' a verdict\" harmless",
"sentence": "See United States v. Armstrong, 654 F.2d 1328 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.Ct. 1032, 71 L.Ed.2d 315 (1982) (numerous ex parte contacts deemed harmless, including court note to “return a verdict” following rescission of jury note saying jury “deadlock[ed]”); United States v. Weiner, 578 F.2d 757, 765 (9th Cir.), cert. denied, 439 U.S. 981, 99 S.Ct. 568, 58 L.Ed.2d 651 (1978) (bailiff statement that he “assumed ... judge would ‘like’ a verdict” harmless); see also United States v. Brumbaugh, 471 F.2d 1128 (6th Cir.), cert. denied, 412 U.S. 918, 93 S.Ct. 2732, 37 L.Ed.2d 144 (1973) (bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless); Callanan v. United States, 223 F.2d 171, 180-81 (8th Cir.), cert. denied, 350 U.S. 862, 76 S.Ct. 102, 100 L.Ed. 764 (1955) (deputy marshal’s comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless)."
} | 10,548,216 | b |
Unlike the Remmer facts, we find no evidence of deliberate coercion in the record and no evidence of an unintended effect tantamount to FBI questioning of a juror during deliberations. | {
"signal": "see also",
"identifier": null,
"parenthetical": "bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless",
"sentence": "See United States v. Armstrong, 654 F.2d 1328 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.Ct. 1032, 71 L.Ed.2d 315 (1982) (numerous ex parte contacts deemed harmless, including court note to “return a verdict” following rescission of jury note saying jury “deadlock[ed]”); United States v. Weiner, 578 F.2d 757, 765 (9th Cir.), cert. denied, 439 U.S. 981, 99 S.Ct. 568, 58 L.Ed.2d 651 (1978) (bailiff statement that he “assumed ... judge would ‘like’ a verdict” harmless); see also United States v. Brumbaugh, 471 F.2d 1128 (6th Cir.), cert. denied, 412 U.S. 918, 93 S.Ct. 2732, 37 L.Ed.2d 144 (1973) (bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless); Callanan v. United States, 223 F.2d 171, 180-81 (8th Cir.), cert. denied, 350 U.S. 862, 76 S.Ct. 102, 100 L.Ed. 764 (1955) (deputy marshal’s comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless)."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "bailiff statement that he \"assumed ... judge would 'like' a verdict\" harmless",
"sentence": "See United States v. Armstrong, 654 F.2d 1328 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.Ct. 1032, 71 L.Ed.2d 315 (1982) (numerous ex parte contacts deemed harmless, including court note to “return a verdict” following rescission of jury note saying jury “deadlock[ed]”); United States v. Weiner, 578 F.2d 757, 765 (9th Cir.), cert. denied, 439 U.S. 981, 99 S.Ct. 568, 58 L.Ed.2d 651 (1978) (bailiff statement that he “assumed ... judge would ‘like’ a verdict” harmless); see also United States v. Brumbaugh, 471 F.2d 1128 (6th Cir.), cert. denied, 412 U.S. 918, 93 S.Ct. 2732, 37 L.Ed.2d 144 (1973) (bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless); Callanan v. United States, 223 F.2d 171, 180-81 (8th Cir.), cert. denied, 350 U.S. 862, 76 S.Ct. 102, 100 L.Ed. 764 (1955) (deputy marshal’s comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless)."
} | 10,548,216 | b |
Unlike the Remmer facts, we find no evidence of deliberate coercion in the record and no evidence of an unintended effect tantamount to FBI questioning of a juror during deliberations. | {
"signal": "see also",
"identifier": null,
"parenthetical": "bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless",
"sentence": "See United States v. Armstrong, 654 F.2d 1328 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.Ct. 1032, 71 L.Ed.2d 315 (1982) (numerous ex parte contacts deemed harmless, including court note to “return a verdict” following rescission of jury note saying jury “deadlock[ed]”); United States v. Weiner, 578 F.2d 757, 765 (9th Cir.), cert. denied, 439 U.S. 981, 99 S.Ct. 568, 58 L.Ed.2d 651 (1978) (bailiff statement that he “assumed ... judge would ‘like’ a verdict” harmless); see also United States v. Brumbaugh, 471 F.2d 1128 (6th Cir.), cert. denied, 412 U.S. 918, 93 S.Ct. 2732, 37 L.Ed.2d 144 (1973) (bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless); Callanan v. United States, 223 F.2d 171, 180-81 (8th Cir.), cert. denied, 350 U.S. 862, 76 S.Ct. 102, 100 L.Ed. 764 (1955) (deputy marshal’s comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless)."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "bailiff statement that he \"assumed ... judge would 'like' a verdict\" harmless",
"sentence": "See United States v. Armstrong, 654 F.2d 1328 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.Ct. 1032, 71 L.Ed.2d 315 (1982) (numerous ex parte contacts deemed harmless, including court note to “return a verdict” following rescission of jury note saying jury “deadlock[ed]”); United States v. Weiner, 578 F.2d 757, 765 (9th Cir.), cert. denied, 439 U.S. 981, 99 S.Ct. 568, 58 L.Ed.2d 651 (1978) (bailiff statement that he “assumed ... judge would ‘like’ a verdict” harmless); see also United States v. Brumbaugh, 471 F.2d 1128 (6th Cir.), cert. denied, 412 U.S. 918, 93 S.Ct. 2732, 37 L.Ed.2d 144 (1973) (bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless); Callanan v. United States, 223 F.2d 171, 180-81 (8th Cir.), cert. denied, 350 U.S. 862, 76 S.Ct. 102, 100 L.Ed. 764 (1955) (deputy marshal’s comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless)."
} | 10,548,216 | b |
Unlike the Remmer facts, we find no evidence of deliberate coercion in the record and no evidence of an unintended effect tantamount to FBI questioning of a juror during deliberations. | {
"signal": "see",
"identifier": null,
"parenthetical": "bailiff statement that he \"assumed ... judge would 'like' a verdict\" harmless",
"sentence": "See United States v. Armstrong, 654 F.2d 1328 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.Ct. 1032, 71 L.Ed.2d 315 (1982) (numerous ex parte contacts deemed harmless, including court note to “return a verdict” following rescission of jury note saying jury “deadlock[ed]”); United States v. Weiner, 578 F.2d 757, 765 (9th Cir.), cert. denied, 439 U.S. 981, 99 S.Ct. 568, 58 L.Ed.2d 651 (1978) (bailiff statement that he “assumed ... judge would ‘like’ a verdict” harmless); see also United States v. Brumbaugh, 471 F.2d 1128 (6th Cir.), cert. denied, 412 U.S. 918, 93 S.Ct. 2732, 37 L.Ed.2d 144 (1973) (bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless); Callanan v. United States, 223 F.2d 171, 180-81 (8th Cir.), cert. denied, 350 U.S. 862, 76 S.Ct. 102, 100 L.Ed. 764 (1955) (deputy marshal’s comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless)."
} | {
"signal": "see also",
"identifier": null,
"parenthetical": "bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless",
"sentence": "See United States v. Armstrong, 654 F.2d 1328 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.Ct. 1032, 71 L.Ed.2d 315 (1982) (numerous ex parte contacts deemed harmless, including court note to “return a verdict” following rescission of jury note saying jury “deadlock[ed]”); United States v. Weiner, 578 F.2d 757, 765 (9th Cir.), cert. denied, 439 U.S. 981, 99 S.Ct. 568, 58 L.Ed.2d 651 (1978) (bailiff statement that he “assumed ... judge would ‘like’ a verdict” harmless); see also United States v. Brumbaugh, 471 F.2d 1128 (6th Cir.), cert. denied, 412 U.S. 918, 93 S.Ct. 2732, 37 L.Ed.2d 144 (1973) (bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless); Callanan v. United States, 223 F.2d 171, 180-81 (8th Cir.), cert. denied, 350 U.S. 862, 76 S.Ct. 102, 100 L.Ed. 764 (1955) (deputy marshal’s comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless)."
} | 10,548,216 | a |
Unlike the Remmer facts, we find no evidence of deliberate coercion in the record and no evidence of an unintended effect tantamount to FBI questioning of a juror during deliberations. | {
"signal": "see also",
"identifier": "223 F.2d 171, 180-81",
"parenthetical": "deputy marshal's comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless",
"sentence": "See United States v. Armstrong, 654 F.2d 1328 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.Ct. 1032, 71 L.Ed.2d 315 (1982) (numerous ex parte contacts deemed harmless, including court note to “return a verdict” following rescission of jury note saying jury “deadlock[ed]”); United States v. Weiner, 578 F.2d 757, 765 (9th Cir.), cert. denied, 439 U.S. 981, 99 S.Ct. 568, 58 L.Ed.2d 651 (1978) (bailiff statement that he “assumed ... judge would ‘like’ a verdict” harmless); see also United States v. Brumbaugh, 471 F.2d 1128 (6th Cir.), cert. denied, 412 U.S. 918, 93 S.Ct. 2732, 37 L.Ed.2d 144 (1973) (bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless); Callanan v. United States, 223 F.2d 171, 180-81 (8th Cir.), cert. denied, 350 U.S. 862, 76 S.Ct. 102, 100 L.Ed. 764 (1955) (deputy marshal’s comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless)."
} | {
"signal": "see",
"identifier": null,
"parenthetical": "bailiff statement that he \"assumed ... judge would 'like' a verdict\" harmless",
"sentence": "See United States v. Armstrong, 654 F.2d 1328 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.Ct. 1032, 71 L.Ed.2d 315 (1982) (numerous ex parte contacts deemed harmless, including court note to “return a verdict” following rescission of jury note saying jury “deadlock[ed]”); United States v. Weiner, 578 F.2d 757, 765 (9th Cir.), cert. denied, 439 U.S. 981, 99 S.Ct. 568, 58 L.Ed.2d 651 (1978) (bailiff statement that he “assumed ... judge would ‘like’ a verdict” harmless); see also United States v. Brumbaugh, 471 F.2d 1128 (6th Cir.), cert. denied, 412 U.S. 918, 93 S.Ct. 2732, 37 L.Ed.2d 144 (1973) (bailiff comments urging speedy decision and inquiring as to numerical division of jury deemed harmless); Callanan v. United States, 223 F.2d 171, 180-81 (8th Cir.), cert. denied, 350 U.S. 862, 76 S.Ct. 102, 100 L.Ed. 764 (1955) (deputy marshal’s comments that hung jury not permitted and jurors to be confined until decision reached deemed harmless)."
} | 10,548,216 | b |
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