United States v. Clarence Christian Nelson

This case presents us with three issues, the first two of which are novel: (1) Is reversal required where the venire from which a criminal defendant’s petit jury was composed included a juror not randomly selected for that panel? (2) Where guilty verdicts on all 13 counts of the indictment were accepted at defendant’s previous trial despite a nonunanimous jury poll as to three counts, does the double jeopardy clause bar retrial of all counts? (3) Should the trial judge at defendant’s original trial have recused himself from presiding over the retrial?

FACTS

At his first trial Nelson, a bank president, was convicted on 13 counts of misapplying bank funds, false statements, unapproved issuance of drafts, and conspiracy to commit fraud. This court reversed, United States v. Nelson, 692 F.2d 83, 85 (9th Cir. 1982) (Nelson I), because the trial judge had accepted a guilty verdict on all counts even though during a post-verdict poll one juror dissented on three counts.

The case was remanded to the same district judge for retrial. He denied defense motions to dismiss the entire 13-count indictment on double jeopardy grounds and to recuse himself voluntarily for bias.

On the trial…