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U.S. v. UNDERWOOD

Nos. 95-2155, 95-2925, 95-2926, 95-3052 and 95-3124.

122 F.3d 389 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. William UNDERWOOD, Paul Messino, Christopher B. Messino, Christopher Richard Messino, and Clement Messino, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided August 7, 1997.

Attorney(s) appearing for the Case

Barry Rand Elden, Chief of Appeals, Matthew M. Schneider, Office of the United States Attorney, Criminal Appellate Division, Chicago, IL, Daniel S. Goodman (argued), U.S. Department of Justice, Criminal Division, Appellate Section, Washington, DC, for Plaintiff-Appellee.

Donna Hickstein-Foley (argued), Chicago, IL, for Defendant-Appellant William Underwood.

Joseph R. Lopez (argued), Chicago, IL, for Defendant-Appellant Paul Messino.

Gerardo S. Gutierrez (argued), Chicago, IL, for Defendant-Appellant Christopher B. Messino.

Marc W. Martin (argued), Chicago, IL, for Defendant-Appellant Christopher Richard Messino.

E.E. Edwards, III, Edwards & Simmons, Nashville, TN, Douglas P. Roller (argued), Roller & Associates, Chicago, IL, for Defendant-Appellant Clement A. Messino.

Before CUDAHY, ESCHBACH, and FLAUM, Circuit Judges.

ESCHBACH, Circuit Judge.

Because the process of empaneling a jury is largely ungoverned by uniform procedural rules, yet fraught with opportunity for constitutional violation, the trial court is well-advised to exercise particular caution during the process. In this case, an unintentionally misleading description of the court's method of jury selection, which the court chose not to remedy after the confusion surfaced, compels us to reverse the convictions of four...

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