How have the courts treated the role of a deputy sheriff as a bailiff for a sequestered jury?

MultiRegion, United States of America

The following excerpt is from Cooper v. Calderon, 255 F.3d 1104 (9th Cir. 2000):

In Turner v. Louisiana, 379 U.S. 466, 467-68 (1965), two principal witnesses for the prosecution, both deputy sheriffs, served as bailiffs for a sequestered jury throughout a threeday trial. They and other deputy sheriffs drove the jurors to a restaurant for each meal, drove them to their lodgings at night, ate with the jurors, conversed with them, and did errands for them. See id. at 468. An evidentiary hearing confirmed that they "freely mingled and conversed with the jurors in and out of the courthouse during the trial," although there was no evidence that they discussed the case with the jurors. Id. at 468-69. The defendant objected and moved for a mistrial, but his motion was denied. See id. at 468.

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