Court will not ignore the elephant in the room

November 6, 2014

  • 110 Criminal Law
  • 110XXIV Review
  • 110XXIV(M) Presumptions
  • 110k1144 Facts or Proceedings Not Shown by Record
  • 110k1144.15 Custody and conduct of jury

11-06-14The rule that juries are presumed to follow instructions is not absolute; the Court of Appeals will not blindly assume that a jury is able to follow a district court’s instruction to ignore the elephant in the deliberation room.

U.S. v. Lee , 573 F.3d 155, (C.A.3 (Pa.), 2014)