Thursday, January 21, 2010
Beware of jurors bearing gifts
Who among us can't remember the first time we read the Wellons case? Chocolate shaped like male genitalia and female breasts presented to the trial judge and bailiff in a murder case? Huh? On Tuesday, the SCOTUS summarily granted cert., vacated, and remanded (GVR) Wellons to the Eleventh Circuit for an evidentiary hearing, relying on its intervening decision in Cone v. Bell. Here's a link to SCOTUSblog's discussion of the case, as well as to the Eleventh Circuit's initial opinion.