Continued Jury Polling After One Dissent Is OK

Absent objection, it is reversible error for a district judge to continue a defense-requested jury poll once a lack of unanimity is revealed only when it is apparent that the judge coerced the jurors into prematurely rendering a verdict, the U.S. Court of Appeals for the Fourth Circuit ruled June 2. (United States v. Penniegraft)

During a post-verdict jury poll in this case, one juror said, “I’m still kind of iffy.” The judge told the clerk to continue polling the other jurors and afterward instructed the jury to resume deliberations. Ultimately they came back again with a verdict ...