VOYAGER 1000 ET AL.

v.

CIVIL AERONAUTICS BOARD

Citator

Cited By (21 total)

• Sotola v. State, 436 So. 2d 1001 (Fla. 5th DCA 1983)
  …rating jury that the presence of a non-juror might have. Accord Fischer v. State, 429 So. 2d 1309 (Fla. 1st DCA 1983). But see, United States v. Allison, 481 F. 2d 468, 472 (5th Cir.), aff’d. after remand, 487 F. 2d 339 (5th Cir.1973), cert. denied, 416 U.S. 982, 94 S.Ct. 2383, 40 L.Ed.2d 759 (1974). Berry is distinguishable from the instant case, which deals not with an additional presence in the jury room but with the substitution of a juror during deliberation. More instructive in regard to the point he…
• United States v. Phillips, 664 F.2d 971 (5th Cir. 1981)
  …d after the jury retires to deliberate. This Court, however, does not apply a per se rule of reversal to Rule 24(c) violations. United States v. Allison, 481 F. 2d 468, 472 (5th Cir.), aff’d after remand, 487 F. 2d 339 (5th Cir. 1973), cert. denied, 416 U.S. 982, 94 S.Ct. 2383, 40 L.Ed.2d 759 (1974); accord, United States v. Hayutin, supra, 398 F. 2d at 950. Admittedly, that provision of Rule 24(c) has been held by this Circuit to be “a mandatory requirement that should be scrupulously followed.” United Sta…
• United States v. Rubio, 727 F.2d 786 (9th Cir. 1983)
  …ty that the alternate jurors in any manner affected the verdict. See United States v. Watson, 669 F. 2d 1374, 1392 (11th Cir.1982); United States v. Allison, 481 F. 2d 468 (5th Cir.1973), subsequent appeal 487 F. 2d 339 (5th Cir.1973), cert. denied, 416 U.S. 982, 94 S.Ct. 2383, 40 L.Ed.2d 759 (1974); Annot., 10 A.L.R. Fed. 185 § 10, at 204 (1972) (“Whether it constitutes prejudicial error for a trial judge to fail to discharge alternate jurors as early as required has been held to depend upon the circumstan…