Reversible Error – Removal From Courtroom

By: Derek Hawkins//April 18, 2017//

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7^th Circuit Court of Appeals

Case Name: Richard M. Smego v. Anita Payne, et al

Case No.: 13-2055

Officials: WOOD, Chief Judge, and FLAUM and ROVNER, Circuit Judges.

Focus: Reversible Error – Removal From Courtroom

Near the end of his jury trial on various § 1983 claims, Richard M. Smego was removed from the courtroom. Various law students who had been appointed to act as his counsel remained behind. The jury ultimately returned a verdict in favor of defendants, and one of the law students declined to poll the jury without consulting Smego. Smego now appeals, arguing that the district court committed reversible error in removing him from the courtroom, and that he is entitled to a new trial under our holding in Verser v. Barfield, 741 F.3d 734 (7th Cir. 2013), because he was deprived of his right to poll the jury. For the reasons that follow, we affirm.

Affirmed

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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