Opinion · Supreme Court of the United States

Llewellyn v. New York Telephone Co.

Llewellyn v. N.Y. Tel. Co., 47 L. Ed. 2d 323 (1976)

Type
Opinion
Court
Supreme Court of the United States
Jurisdiction
Federal
Date
1976-02-23
Topic
general

“If the trial judge finds that the jury had before it prejudicial material, the inquiry is complete and the conviction must be reversed.” | no evidence permitted from juror as to mental process of juror or jury or method by which the verdict is reached | "It is a recognized principle that a federal court is not bound by a state ... interpretation of federal laws...." | jurors incompetent to testify about a matter occurring within the jury room even though one juror, a paralegal, had influenced the voting of other jurors | warrant need only satisfy federal constitutional requirements rather than state law in federal prosecution although “resulting search is ‘state’ in character” | “It is a recognized principle that a federal court is not bound by a state .. . interpretation of federal laws.... ” | “evidence of discussion among jurors, intimidation or harassment of one juror by another, and other intrajury influences on the verdict is within the rule, rather than the exception, and is not competent to impeach a verdict" | "[A] search warrant directed against an apartment house will usually be held invalid if it fails to describe the particular apartment to be searched with sufficient definiteness to preclude a search of other units located in the building and occupied by innocent persons” | eight day delay held to be reasonable | perm. app. denied April 14, 2008

Citator

Cited by
66 opinions

Ct. App. N. Y. Certiorari denied.