District court’s egregious flouting of long-established procedures regarding a jury note and a proposed Allen charge does not constitute “plain error” because its mistakes did not prejudice the defendant
In United States v. Catherine Melhuish, No. 19-485 (2d Cir. July 27, 2021) (opinion by Judge Nardini, joined by Judges Walker and Wesley), the Circuit rejects the defendant’s argument that the trial judge erred in responding to a jury note and in proposing an Allen charge during deliberations; concludes that 18 U.S.C. § 111, prohibiting … Read more