UNITED STATES v. MOTEN

No. 489, Docket 77-1324.

582 F.2d 654 (1978)

UNITED STATES of America, Appellee, v. Frank MOTEN, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided May 19, 1978.

Rehearing Denied September 29, 1978.


Attorney(s) appearing for the Case

Ivan S. Fisher, New York City, for defendant-appellant.

Daniel J. Beller, Asst. U. S. Atty. (Robert B. Fiske, Jr., U. S. Atty., Robert J. Jossen, Asst. U. S. Atty., Southern District of New York, New York City, of counsel), for the United States of America.

Before FRIENDLY, SMITH and MESKILL, Circuit Judges.


MESKILL, Circuit Judge:

This appeal, which arises as a result of the efforts of a major narcotics trafficker to secure a new trial, raises important questions regarding the extent to which a convicted defendant must be allowed to investigate suspected misconduct by members of the jury that found him guilty. Appellant Frank Moten's claims have their origin in an incident of jury corruption that has twice before occupied the attention of this Court. In re Grand Jury...

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