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U.S. v. HARBIN

Nos. 99-3255, 99-3295 and 99-3492.

250 F.3d 532 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. Driefus HARBIN, a/k/a Omar, Herman Hicks, a/k/a Herm, and Radar Tyler, a/k/a Big Dar, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided May 8, 2001.

Attorney(s) appearing for the Case

Andrew B. Baker, Jr. (argued), Office of the U.S. Atty., Dyer, IN, for Plaintiff-Appellee.

William Bradley Hunt (argued), Mayer, Brown & Platt, Chicago, IL, for Driefus Harbin.

William Bradley Hunt (argued), Mayer, Brown & Platt, Chicago, IL, Kevin Marshal, Hammond, IN, for Herman Hicks.

Richard H. Parsons (argued), Office of the Federal Public Defender, Peoria, IL, for Radar Tyler.

Before HARLINGTON WOOD, JR., RIPPLE, and ROVNER, Circuit Judges.

ILANA DIAMOND ROVNER, Circuit Judge.

This Court has addressed many appeals related to the use of peremptory challenges, but this one appears unprecedented. Here, the prosecutor was allowed to use a peremptory challenge "saved" from the jury selection phase to eliminate a juror on the sixth day of an eight-day trial. The defendants seek a new trial, arguing that the prosecution's mid-trial use of a peremptory challenge violated their Fifth Amendment due process right...

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