United States v. Melvin L. Medansky (1973)

United States v. Medansky, 486 F.2d 807, 812 (7th Cir.1973) (allowing re-trial where the court questioned the foreperson but did not poll the jury on issue of deadlock), certiorari denied, 415 U.S. 989 , 94 S.Ct. 1587 , 39 L.Ed.2d 886 . 5 .

It is the judge's duty to "oversee the presentation of evidence and generally supervise the proper conduct of the trial . . . ." United States v. Medansky, 486 F.2d 807, 814 (7th Cir. 1973), cert. denied, 415 U.S. 989 , 94 S.Ct. 1587 , 39 L.Ed.2d 886 (1974).

United States v. Handler, 476 F.2d 709 , 714 n. 6 (2d Cir. 1973); United States v. Calabro, supra; United States v. Medansky, 486 F.2d 807, 816 (7th Cir. 1973); United States v. Artigada, 451 F.2d 487 (4th Cir. 1971); McGill v. United States, 348 F.2d 791 (D.C.Cir. 1965). *960 In so holding, we do not intímate that a similar occurrence in the future will not lead to a contrary result.

The Seventh Circuit has upheld the refusal of a trial judge to give a modified Allen instruction when he thought its use would be coercive, United States v. Medansky, 486 F.2d 807, 813 (7th Cir. 1973), cert. denied 415 U.S. 989 , 94 S.Ct. 1587 , 39 L.Ed.2d 886 (1974) (jury twice stated it is deadlocked, mistrial declared after 14 hours of deliberations).

Cf. Epperson v. United States, 490 F.2d 98 (7th Cir. 1973); United States v. Medansky, 486 F.2d 807, 815 (7th Cir. 1973), cert. denied, 415 U.S. 989 , 94 S.Ct. 1587 , 39 L.Ed.2d 886 (1974).

See Escobar v. O’Leary, 943 F.2d 711 , 718 n.4 (7th Cir. 1991) (rejecting contention that mistrial based upon jury deadlock cannot be declared without polling jurors individually and holding that while polling jurors is preferable practice, trial judge is not obligated to conduct such a poll); Byrski, 854 F.2d at 962 (trial court’s failure to poll the jurors is not necessarily fatal); United States v. Klein, 582 F.2d 186, 193 (2d Cir. 1978) (trial court acted within its soun…

Cf. United States v. Medansky, 486 F.2d 807, 812-13 (7th Cir.1973) (holding that the trial court did not err in refusing to probe state of mind of jurors with respect to tentative verdicts, when no formal verdicts were returned, as court cannot order a tentative verdict made final).

See Escobar v. O'Leary , 943 F.2d 711 , 718 n.4 (7th Cir. 1991) (rejecting contention that mistrial based upon jury deadlock cannot be declared without polling jurors individually and holding that while polling jurors is preferable practice, trial judge is not obligated to conduct such a poll); Byrski , 854 F.2d at 962 (trial court's failure to poll the jurors is not necessarily fatal ); United States v. Klein , 582 F.2d 186, 193 (2d Cir. 1978) ( trial court acted within its…

See Escobar v. O’Leary, 943 F.2d 711 , 718 n.4 (7th Cir. 1991) (rejecting contention that mistrial based upon jury deadlock cannot be declared without polling jurors individually and holding that while polling jurors is preferable practice, trial judge is not obligated to conduct such a poll); Byrski, 854 F.2d at 962 (trial court’s failure to poll the jurors is not necessarily fatal); United States v. Klein, 582 F.2d 186, 193 (2d Cir. 1978) (trial court acted within its soun…

United States v. Medansky, 486 F.2d 807, 815 (7th Cir. 1773), cert. denied, 415 U.S. 989 , 94 S.Ct. 1587 , 39 L.Ed.2d 886 (1974).

Our own Circuit seems to, have followed this standard in United States v. Medansky, 486 F.2d 807, 811 (7th Cir. 1973), cert. den. 415 U.S. 989 , 94 S.Ct. 1587 , 39 L.Ed.2d 886 (1974), at least before Arizona v. Washington.

Accord, United States v. Medansky, 486 F.2d 807, 816 (7th Cir. 1973), cert. denied, 415 U.S. 989 , 94 S.Ct. 1587 , 39 L.Ed.2d 886 (1974) (It was harmless error for judge to enter jury room, without objection of the attorneys, to explain his denial of transcripts to the jury and, in answer to a juror's query, state that the transcript was of a prior trial); United States v. Di Pietto, 396 F.2d 283, 287 (7th Cir. 1968), vacated and remanded on other grounds, 394 U.S. 310 , 89 …

Accord, United States v. Medansky, 486 F.2d 807, 816 (7th Cir. 1973), cert. denied, 415 U.S. 989 , 94 S.Ct. 1587 , 39 L.Ed.2d 886 (1974) (It was harmless error for judge to enter jury room, without objection of the attorneys, to explain his denial of transcripts to the jury and, in answer to a juror’s query, state that the transcript was of a prior trial); United States v. Di Pietto, 396 F.2d 283, 287 (7th Cir. 1968), vacated and remanded on other grounds, 394 U.S. 310 , 89 …

See also United States v. Medansky, 486 F.2d 807, 816 (7th Cir.), cert. denied, 415 U.S. 989 , 94 S.Ct. 1587 , 39 L.Ed.2d 886 (1973).

See United States v. Medansky (7th Cir. 1973), 486 F.2d 807, 813 .