Quick mid-deliberation update on Schultz

10/30/2013

Jury Notes Filed

Jury Notes Filed @ 10:30 am (Winter Instruction given)

Hmm.  My Google-fu and Westlaw-fu did not turn up anything termed a "Winter Instruction."  But

EDITED:
Edited on October 31 to add: just received an email saying this below is NOT the Winter instruction. What WAS given the jury was a basic Allen charge, aka an instruction to break a deadlock. This was from an attorney watching the trial. I'll post more later today.
a friend in federal practice emailed me the citations.

Excerpt text reads: "Evidence of a defendant's reputation, inconsistent with those traits of character ordinarily involved in the commission of the crime charged, may give rise to a reasonable doubt, since you think it improbable that a person of good character in respect to those traits wold commit such a crime."

U.S. v Pujana-Mena, 949 F.2d 24, 27-32 (2d Cir. 1991); U.S. v. Winter, 663 F.2d 1120, 1147-49 (1st Cir. 1981).

As of 1991, "The District of Columbia Circuit is the only circuit still requiring a “standing alone” instruction in all cases in which a defendant offers character evidence. See United States v. Lewis, 482 F.2d 632, 637 (D.C.Cir.1973)"

But I read Pujana and it seems to go the other way-- like the standalone instruction is NOT required.  I am still reeling and trying to do the legal research, I'll edit and add analysis when I sort out the issue, but I'm getting on a plane this evening so it might be a separate post tomorrow.

"He was a nice boy who went to church. He'd never rape anybody." Case closed!  (From CG)

"Jury acquits man of rape on video tape because he seems like he wouldn't do that" (From RJ)

Will keep you posted.