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UNITED STATES v. HELLER

No. 85-5304.

785 F.2d 1524 (1986)

UNITED STATES of America, Plaintiff-Appellee, v. Daniel Neal HELLER, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

April 7, 1986.

Attorney(s) appearing for the Case

Rosen & Rosen, P.A., Miami, Fla., John W. Nields, Jr., Howrey & Simon, Alma M. Angotti, Davis, Polk & Wardwell, M. Carr Ferguson, Jr., Barry Friedman, Washington, D.C., for defendant-appellant.

Leon Kellner, U.S. Atty., Linda Collins-Hertz, Jane W. Moscowitz, Asst. U.S. Attys., Miami, Fla., for plaintiff-appellee.

Sharon L. Wolfe, Miami, Fla., for amicus ACLU.

Bierman, Sonnett, Shohat & Sale, P.A., Donald I. Bierman, Neal R. Sonnett, Benedict P. Kuehne, Miami, Fla., for Amicus Anti-Defamation League of B'Nai B'Rith.

Before HILL and ANDERSON, Circuit Judges, and TUTTLE, Senior Circuit Judge.

TUTTLE, Senior Circuit Judge:

This is an appeal by Daniel Neal Heller from his conviction on charges of tax evasion and making false statements on income tax returns. Although Heller attacks the district court's action on four separate grounds, we find the first allegation of error, involving jury misconduct in the form of racial and religious slurs, so compelling that on that ground we reverse and remand the case for retrial. We, therefore, need not reach the other...

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