Professional Documents
Culture Documents
United States v. Barbioni, 1st Cir. (1995)
United States v. Barbioni, 1st Cir. (1995)
United States v. Barbioni, 1st Cir. (1995)
No. 95-1555
UNITED STATES,
Appellee,
v.
Defendant - Appellant.
____________________
____________________
Before
_____________________
United
States
United States
Attorney,
and
Attorney, were
appellee.
____________________
August 7, 1995
Elizabeth C.
_____________
on brief
for
____________________
TORRUELLA,
TORRUELLA,
Barbioni
Chief Judge.
Chief Judge.
____________
Joseph
a mistrial
Defendant-appellant
after
the jury
announced
that it
was
deadlocked.
BACKGROUND
BACKGROUND
Appellant
deliberately
Barbioni
making
Department of Labor
false
instructions by the
After
statements
approximately seven
U.S.C.
and
the
tried
United
hours, the
that it could
some general
for
States
for mail
gave it
to
and
indicted
fraud, in violation of 18
After a
was
its deliberations.
jury sent
a note
to the
The
instructions,
such as
reminding the
to the jury
there "against
your will and beat a verdict out of you one way or the other, but
I want to
to attempt to reach
a unanimous
verdict if we can."
in
judgment, then
your collective
advise
me of
that fact
in
further deliberations,
sent a note to
a unanimous decision.
-2-
the court
The
judge
verdict.
If
mistrial.
The defense
objected
to this
course of
action,
weekend's rest.
in open court.
that the
deliberations
were
not
that he or she
likely
to
resolve
individually
was satisfied
instructions or
the
deadlock.
ANALYSIS
ANALYSIS
Barbioni
decision
to
declare
discretion of
497, 506
mistrial
(1978), and we
this discretion.
is
committed
to
Arizona v. Washington,
_______
__________
the
sound
434 U.S.
for an abuse
of
While
"valued
right
it is
to
have
certainly
his
true that
trial completed
defendant has
by
particular
tribunal,"
is
not absolute.
Rather,
it
is subject
to
this right
the doctrine
of
-3-
"manifest necessity."
(1824).
22 U.S. (9
a district court
mistrial,
1991).
Moreover,
particular
DiPietro, 936
________
district
F.2d 6,
court must
circumstances surrounding
find,
the trial
Id.;
__
(1st Cir.
based on
and the
the
jury's
a mistrial before
Examining
think that
the circumstances
the district
of
the instant
abuse its
deliberated for
almost ten
hours, after
case, we
discretion in
mistrial.
which each
The jury
individual
juror unequivocally expressed the opinion that the jury could not
would be
futile.1
was a
relatively short
____________________
1
the
Barbioni also contends that the court should have instead sent
jurors
home
and
following Monday.
in
the court's
reconvened
rejection of
further deliberations
on this
court might
for
deliberations
jurors
them
would be
point and
have risked
error
jurors had
demanding
By disregarding
the
further deliberation,
the
pressuring the
The
the
jurors into
abandoning
sake of reaching
unanimity.
-4-
this
one,
and
the
Nevertheless,
hours
of
legal
issues
the jurors
at
could
deliberation.
We
stake
not reach
think
that
were
not
a verdict
these
complex.
after ten
circumstances
It is well settled
motion to
present
dismiss
a valid
States, 468
that an appeal
following a
Double Jeopardy
"hung
from a denial of
jury" does
claim.
not
Richardson v.
__________
normally
United
______
Porter, 807
______
_____________
Given the
rule.
Accordingly,
the
______
exercise of its
discretion in
district
court's
from this
declaration
of
charges
are affirmed.2
________
____________________
in its
modified Allen
_____
instruction to
the jury.
See
___
Allen v.
_____
however,
instruction.
defense
counsel raised
no
objections
was
to the
did
object
arguments or suggestions
the district
court,
to
not
and
Because
raised
we deem
properly
Thank you."
the instruction,
this
Honor.
raised
appeal).
-5-
argument waived
53
no
do so by
on
appeal.
below
are
deemed
waived
on