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JOHNSON v. SUPERINTENDENT FAYETTE SCI

No. 18-2423.

949 F.3d 791 (2020)

Arthur JOHNSON, Appellant, v. SUPERINTENDENT FAYETTE SCI.

United States Court of Appeals, Third Circuit.

Opinion Filed: February 7, 2020.

Attorney(s) appearing for the Case

Craig M. Cooley [ARGUED], COOLEY LAW OFFICE, 1308 Plumdale Court, Pittsburgh, PA 15239, Counsel for Appellant.

Jennifer O. Andress [ARGUED], Assistant District Attorney, Max C. Kaufman , Supervisor, Federal Litigation, Nancy Winkelman , Supervisor, Law Division, Lawrence S. Krasner , District Attorney, 3 South Penn Square, Philadelphia, PA 19107, Counsel for Appellee.

Before: KRAUSE, MATEY, and RENDELL, Circuit Judges.

OPINION

Although we generally rely on jurors to follow a court's instructions, we cannot expect the superhuman from them. Under certain circumstances, jurors cannot practically be expected to follow instructions, no matter how clear or explicit. The classic example arises during a joint criminal trial, in which...

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