Reed v. United States
479 U.S. 954
SCOTUS
1986
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UNITED STATES STEEL CORP. ET AL. v. PRYOR

No. 86-386

Supreme Court of the United States

1986

954

C. A. 2d Cir. Certiorari denied. JUSTICE POWELL and JUSTICE O‘CONNOR would grant certiorari.

REED v. UNITED STATES

No. 86-5211

C. A. 2d Cir.

1986

Certiorari denied.

JUSTICE WHITE, dissenting.

In this case, the District Court permitted a 13th, alternate juror to participate in the jury‘s deliberations, a procedure to which petitioner‘s counsel stipulated. The 13 jurors unanimously found petitioner guilty. On appeal, petitioner argued that the use of a 13-member jury violated Federal Rule of Criminal Procedure 24(c), that the Rule is not waivable, and that even if it is, it can only be waived by a defendant personally and not by counsel. The Court of Appeals held that petitioner, through his counsel, had waived compliance with Rule 24(c). It concluded that “[b]ecause the waiver herein was neither prejudicial nor of constitutional magnitude and was made in the presence of the defendant in open court, . . . the failure to obtain appellant‘s personal assent . . . [if erroneous,] was harmless beyond a reasonable doubt.”

. This decision conflicts with
, which requires a defendant‘s express and personal waiver of Rule 24(c), assuming that the Rule can be waived at all. See also
(explaining Virginia Erection as establishing a per se rule of plain error in cases where Rule 24(c) is violated without obtaining a defendant‘s personal consent);
(holding, in a case not involving an issue of waiver, that violations of Rule 24(c) are reversible per se, and approving the result in Virginia Erection). I would grant certiorari to resolve this conflict.

MALQUIST v. UNITED STATES

No. 86-5321

C. A. 9th Cir.

1986

Certiorari denied. JUSTICE WHITE would grant certiorari.

WOODS v. FLORIDA

No. 86-5542

Sup. Ct. Fla.

1986

Certiorari denied.

JUSTICE MARSHALL, with whom JUSTICE BRENNAN joins, dissenting.

Adhering to my view that the death penalty is under all circumstances cruel and unusual punishment forbidden by the Eighth