The Tenth Circuit issued an opinion today in United States v. Henderson that demonstrates the importance of polling the jury when you get a verdict against you.
In 2011, former Tulsa, Oklahoma, police officer Jeff Henderson was convicted of several counts during a corruption trial and was sentenced to 42 months in prison, Tulsa's KOTV reports. The most interesting issue on appeal was this: Was Henderson denied his constitutional right to a unanimous jury, given that one juror was instructed by the foreman that she was not permitted to change her guilty vote?
The court decided no. Henderson attached an affidavit from the juror, but the court did not consider it, citing Rule 606(b) of the Federal Rules of Evidence, which provides: