United States v. Gagnon et al. (470 U.S. 522)
U.S. Supreme Court · decided March 18, 1985 · Supreme Court Database (Spaeth)
- Citation
- 470 U.S. 522 · 105 S. Ct. 1482
- Decided
- March 18, 1985
- Term
- October Term 1984
- Vote
- 6–2
- Issue area
- Criminal Procedure
- Disposition
- Reversed
- Outcome
- Petitioning party won
- Ideological direction
- Conservative
Opinion excerpt
Per Curiam. The four respondents were indicted on various counts and tried together in Federal District Court for participation in a large-scale cocaine distribution conspiracy. During the afternoon recess on the first day of trial the District Judge was discussing matters of law in open court with the respondents, their respective counsel, and the Assistant United States Attorney, outside the presence of the jury. The bailiff entered the courtroom and informed the judge that one of the jurors, Garold Graham, had expressed concern because he had noticed respondent Gagnon sketching portraits of the jury. Gagnon’s attorney admitted that Gagnon had been sketching jury members during the trial. The District Judge ordered that the practice cease immediately. Gagnon’s lawyer suggested that the judge question the juror to ascertain whether the sketching had prejudiced the juror against Gagnon. The judge then stated, still in open court in the presence of each respondent and his counsel; “I will talk to the juror in my chambers and make a determination. We’ll stand at recess.” No objections were made by any respondent and no respondent requested to be present at the discussion in chambers. The District Judge then went into the chambers and called for juror Graham. The judge also requested the bailiff to bring Gagnon’s counsel to chambers. There the judge, in the company of Gagnon’s…
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