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Defendant charged with importing and distributing more than 500 grams of cocaine now has new found respect for the Bible

Defendant charged with importing and distributing more than 500 grams of cocaine now has new found respect for the Bible: Today, the U.S. Court of Appeals for the First Circuit issued a decision overturning, due to double jeopardy, the defendant's conviction on those charges. The conviction was reached at a retrial after the federal district court ordered a new trial because a juror during the deliberations at the first trial had a Bible in the jury room and was urging other jurors to consider what the Bible says in deciding what verdict to render.

Today's First Circuit ruling holds that the district court granted a new trial too quickly and thus failed to establish that a new trial was a manifest necessity. As a result, jeopardy attached after the first trial, and today's ruling sets aside the defendant's conviction at the second trial and orders the dismissal of the indictment.

Full post as published by How Appealing on March 11, 2008 (boomark / email).