Skip to main content
Please enter a legal issue and/or a location
Begin typing to search, use arrow keys to navigate, use enter to select

Find a Lawyer

More Options

US v. Jadlowe, 08-2449

By FindLaw Staff on December 03, 2010 | Last updated on March 21, 2019

Claim of structural error in jury instruction in a drug conspiracy related conviction

US v. Jadlowe, 08-2449, concerned a challenge to the district court's conviction of defendant for drug conspiracy related offenses.  In affirming, the court held that, although the district court erred in instructing the jurors that they could discuss the case among themselves during the trial, before formal deliberations commences, the record shows beyond a reasonable doubt that the flawed instruction did not compromise the jury's deliberative process.  The court also held that the district court did not commit reversible error in the suppression and evidentiary rulings that defendant challenges.


As the court wrote: " We thus conclude that Supreme Court precedent "insist[s] upon a showing of individual prejudice" when a court improperly instructs jurors in a criminal case that they may discuss the evidence before formal deliberations commence. Marcus, 130 S. Ct. at 2166. Indeed, although the practice remains rare, the authorization of jury discussion in criminal cases by some courts and the Arizona Supreme Court Committee's recommendation that it be permitted in both civil and criminal trials reinforce our conclusion that the instruction here should not be classified as structural error requiring automatic reversal of the defendant's conviction."

Related Link:

You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help

Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.

Or contact an attorney near you:
Copied to clipboard