Does the US Supreme Court have any authority to compel a jury to consider whether a trial judge coerced the jury in a sexual assault case?
MultiRegion, United States of America
The following excerpt is from Jimenez v. Myers, 12 F.3d 1474 (9th Cir. 1993):
United States v. Wauneka, 842 F.2d 1083, 1088 (9th Cir.1988). We consider the same factors in this case to determine whether, under the totality of the circumstances, the trial judge coerced the jury. We recognize, however, that coercion must be more severe to constitute a violation of due process than to invoke our supervisory powers. See Donnelly v. DeChristoforo, 416 U.S. 637, 642-43, 94 S.Ct. 1868, 1871, 40 L.Ed.2d 431 (1974).
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