The following excerpt is from U.S. v. Patterson, 648 F.2d 625 (9th Cir. 1981):
When jurors have participated in the defendant's prior conviction, or his past guilt has been conclusively established in their presence, prejudice may be inevitable. But we believe that overlapping venires otherwise require reversal only if (1) the specific circumstances suggest a significant risk of prejudice and (2) examination or admonition of the jurors fails to negate that inference. Compare, e. g., United States v. Meeker, 558 F.2d 387, 388 (7th Cir. 1977) (prosecutor's repeated implication of past bad acts through leading questions is likely to be prejudicial despite the judge's admonitions), with United States v. Splain, 545 F.2d 1131, 1133 (8th Cir. 1976) (witness's isolated, "innocuous" reference to past bad acts is unlikely to be prejudicial; when evidence of guilt is "overwhelming," conviction should be affirmed).
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