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United States v. McGhee

May 31, 2007

UNITED STATES OF AMERICA
v.
ROBERT MCGHEE



The opinion of the court was delivered by: Wm. R. Wilson, Jr United States District Judge

ORDER

Pending are Defendant's Motion for Emergency Inquiry into Validity of Verdict (Doc. No. 76) and Motion for Judgment of Acquittal or, in the Alternative, Motion for New Trial (Doc. No. 79). The Prosecution has responded (Doc. No. 78).

Motion for Emergency Inquiry

Defendant contends that "Jurist Number 5, Ms. Mary Lynn Watkins, stated that she and other jurists . . . were not allowed to look at the evidence in this case because of the intimidation of certain jurists."*fn1 However, Federal Rule of Evidence 606(b) reads:

Upon an inquiry into the validity of a verdict or indictment, a juror may not testify as to any matter or statement occurring during the course of the jury's deliberations or to the effect of anything upon that or any other juror's mind or emotions as influencing the juror to assent to or dissent from the verdict or indictment or concerning the juror's mental processes in connection therewith.*fn2

Additionally, when the verdict was announced, I polled each juror individually, and each juror indicated that she or he was in agreement with the verdict. Based on the jury polling and Rule 606(b), Defendant's Motion for Emergency Inquiry into Validity of Verdict (Doc. No. 76) is DENIED.

Motion for Judgment of Acquittal

Defendant's Motion for Judgment of Acquittal or, in the Alternative, Motion for New Trial (Doc. No. 79) is DENIED.

IT IS SO ORDERED this 31st day of ...


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