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U.S. v. HALL

No. 96-1386.

85 F.3d 367 (1996)

UNITED STATES of America, Appellant, v. Everett Kyle HALL, also known as Eric, also known as Shorty; Roy Lee Hall; Randall Joe Hall, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided June 4, 1996.

Attorney(s) appearing for the Case

Michael Fagan, St. Louis, MO, argued, for appellant.

John Kizer, Springfield, MO, argued, for Roy Hall.

Thomas Carver, Springfield, MO, argued, for Everett Hall.

Michael Baker, Springfield, MO, argued, for Randall Hall.

Before BOWMAN, HEANEY, and MORRIS SHEPPARD ARNOLD, Circuit Judges.

HEANEY, Circuit Judge.

The district court granted defendants' motion for a new trial based on the jury fore-person's one-page affidavit stating that on more than one occasion he and other jurors overheard the judge at a bench conference discussing evidence of the defendants' involvement in other, serious, criminal activity. We remand the case to the district court to conduct an evidentiary hearing in accordance with this opinion. We retain jurisdiction in this matter...

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