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Home / Courts / 4th Circuit / Criminal Practice – Jury & Jurors – Poll – ‘Iffy’ Juror – Continued Polling (access required)

Criminal Practice – Jury & Jurors – Poll – ‘Iffy’ Juror – Continued Polling (access required)

U.S. v. Penniegraft Although one juror said, when the court polled the jury at defendant's request, that she was "still kind of iffy" as to defendant's guilt on drug and firearms charges, the trial court did not commit reversible error in continuing to poll the jury and sending the jury back for further deliberations; the 4th Circuit joins the majority of circuits to have considered this issue and holds that, in conducting a jury poll at a defendant's request, reversible error occurs not when the judge merely continues the jury poll, but when the judge coerced the jurors into a premature verdict.

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