No. 88-1509.

579 A.2d 695 (1990)

Orlando R. LEEPER, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided August 16, 1990.

Attorney(s) appearing for the Case

Brian C. Plitt, Washington, D.C., appointed by this court, for appellant.

John R. Fisher, Asst. U.S. Atty., with whom Jay B. Stephens, U.S. Atty., Sharon M. Collins and Barry Coburn, Asst. U.S. Attys., Washington, D.C., were on the brief, for appellee.

Before BELSON, STEADMAN and SCHWELB, Associate Judges.

SCHWELB, Associate Judge:

As Orlando R. Leeper's trial was proceeding to its conclusion, one of the jurors received the news that her mother had died. Unfortunately, though perhaps understandably given the tragic circumstances, the juror did not report the death, and her consequent unavailability, to the judge until the two alternate jurors had been released. This case chronicles the judge's attempt to save the trial by recalling...

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