United States v. Shinault
United States Court of Appeals for the Tenth Circuit
147 F.3d 1266 (1998)
Michael Shinault (defendant) was tried on Hobbs Act robbery, firearms, and felon-in-possession charges, and after the jury was sworn but before any testimony began, one juror was excused for child-care conflicts and replaced with another juror without objection from either side; the jury convicted Shinault on all counts, and he received a lengthy enhanced sentence. Shinault appealed, arguing the juror substitution violated the Double Jeopardy Clause and that his convictions under two separate statutes for the same robberies were also double-jeopardy violations.
Whether substituting a single sworn juror for another before any testimony has begun, without objection, terminates jeopardy such that continuing the trial with a new juror violates the Double Jeopardy Clause.