West Headnote of the Day – December 21, 2009

December 21, 2009

West's Key 110 Criminal Law
West's Key 110XXIV Review
West's Key 110XXIV(M) Presumptions
West's Key 110k1144 Facts or Proceedings Not Shown by Record
West's Key 110k1144.15 k. Custody and Conduct of Jury.

The 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.
United States v. Lee, 573 F.3d 155 (3d Cir. 2009)

Suggested by Kara Boucher, Principal Attorney Editor, West

110 Criminal Law