United States v. Hernandez
United States Court of Appeals for the Third Circuit
176 F.3d 719 (3d Cir. 1999)
Julio Hernandez (defendant) was tried for hijacking a tractor-trailer. The trial judge allowed jurors to submit written questions for witnesses, with counsel given a chance to object outside the jury's presence before the judge decided whether to ask an approved question. Only one juror ever submitted a question, and the judge chose not to ask it. Hernandez was convicted and appealed, arguing the judge abused her discretion simply by permitting juror questioning at all.
Whether a trial judge abuses discretion by permitting jurors to submit written questions for witnesses, subject to counsel's opportunity to object and the judge's screening before any question is asked.