United States v. Nicholas

Brief of Amicus Curiae National Association of Criminal Defense Lawyers in Support of Appellant and Urging Reversal.

Brief filed: 08/14/2017


United States v. Nicholas

3rd Circuit Court of Appeals; Case No. 16-4410

Prior Decision

On appeal from the United States District Court for the Eastern District of Pennsylvania, Honorable Harvey Bartle III.


The removal of juror 12 violated the fundamental rights to trial by jury and to a unanimous verdict. The applicable legal principles: The "No Reasonable Possibility" standard. The district court violated defendant's rights under the Sixth Amendment and Fed. R. Crim. P. 31(a). The district court should have refused to send the speaking indictment to the jury during deliberations.

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John D. Cline, Law Office of John D. Cline, San Francisco, CA; Alan Silber, Pashman Stein Walder Hayden, P.C., Hackensack, NJ.