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Hatcher v. Jackson

argued: June 3, 1988.

FLOYD HATCHER
v.
CLIFFORD JACKSON, AND STATE OF NJ, CLIFFORD JACKSON, SUPERINTENDENT, NEWARK HOUSE, AND THE ATTORNEY GENERAL OF THE STATE OF NEW JERSEY, APPELLANTS



On Appeal From the United States District Court for the District of New Jersey - Newark, D.C. Civil No. 86-4740.

Seitz, Sloviter and Hutchinson, Circuit Judges.

Author: Seitz

Opinion OF THE COURT

SEITZ, Circuit Judge.

Appellants appeal a final order of the district court granting petitioner a writ of habeas corpus pursuant to 28 U.S.C. ยงยง 2241 and 2254.

I.

Petitioner was indicted and thereafter tried before a jury in the Superior Court of New Jersey on three counts of first degree robbery, three counts of third degree criminal restraint and one count of third degree burglary.

After the foreperson of the jury announced a verdict of guilty on all counts, defense counsel requested that the jury be polled. When asked whether the announced verdict was their verdict, the first eleven jurors answered affirmatively. There then followed the events narrated in the transcript that are critical to this appeal:

THE CLERK: Veronica Tasker [juror number twelve], Veronica Tasker, is this your verdict?

MISS TASKER: Yes.

THE COURT: Mrs. Tasker, I didn't hear your answer.

MRS. TASKER: Yes -- I can't go through this, I can't do it, I can't. I can't --

THE COURT: Call for a medic.

Now, obviously, Miss Heim, Mr. Feinberg, Mr. Hatcher, the poll was not completed, we do not ...


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