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UNITED STATES v. MARTIN

No. 83-5684.

757 F.2d 770 (1985)

UNITED STATES of America, Plaintiff-Appellee, v. Donald L. MARTIN, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided March 20, 1985.

Attorney(s) appearing for the Case

T. Woody Smith (argued), Greeneville, Tenn., Carl R. Ogle, Jr. (argued), Jefferson City, Tenn., Charles E. Fraley, Rutledge, Tenn., for defendant-appellant.

John W. Gill, Jr., U.S. Atty., Greeneville, Tenn., Guy Blackwell (argued), Asst. U.S. Atty., for plaintiff-appellee.

Before KENNEDY and JONES, Circuit Judges and PHILLIPS, Senior Circuit Judge.

PER CURIAM.

In our opinion of July 17, 1984, United States of America v. Martin, 740 F.2d 1352 (6th Cir.1984), we remanded this case to the District Court to determine whether any members of the jury inadvertently overheard the judge's comment on defendant Martin's guilt, made at a side bar conference. Another District Judge has now conducted that evidentiary hearing and submitted his factual finding that one of the twelve...

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