Thursday, August 18, 2011

Seventh Circuit -- USA v. Bolivar Benabe

USA v. Bolivar Benabe

No error in empaneling anonymous jury.

No error in excluding defts who did not agree to be nondisruptive from courtroom .  No 6A error in issuing the order prior to the beginning of trial (basing it on pretrial conduct), FRCrimP error in same was harmless.

No error in admitting ID based on photo lineup followed by live lineup when there are six months in between.

No error in pattern aiding & abetting instruction instead of RICO-specific one.

No error in court adding a Pinkerton  instruction for penalty phase that was not contemplated at close of guilt phase.

No error in providing jury with partial transcripts.

No error in not holding hearing on potential intrinsic juror biases, where vooir dire responses were truthful.
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.