U.S. v. Banks

Defendant was entitled to new trial on charges of conspiracy and aiding and abetting robbery of post office, where record showed that one juror was coerced into finding defendant guilty of charged offenses. After jury announced its guilty verdicts, defendant requested jury poll. First four jurors affirmed verdict, but fifth juror responded that he was “forced into” finding defendant guilty, and then told Dist. Ct. that he “supposed” that he found defendant guilty and that he need more time. After Dist. Ct. polled remaining jurors who had confirmed verdict, Dist. Ct. sent jury back to deliberate at 9:06 p.m., and jury returned 29 minutes later to again find defendant guilty of both charges. Entire jury thereafter confirmed verdict. Ct. of Appeals found that instant dissenting juror would have felt pressure to surrender his beliefs under circumstances where he was identified as sole dissenting juror, and where Dist. Ct. sent jury back to further deliberate late in evening. As such, juror would have understood that he was preventing his fellow jurors, attorneys and judge from going home for night. Moreover, jury’s quick turnaround after being sent back for deliberation also suggested that juror felt pressure to surrender his views about case.