Hinton v. United States
The D.C. Court of Appeals affirmed convictions entered by the D.C. Superior Court following the defendant?s jury trial on one count of possession of a controlled substance with intent to distribute in a drug-free zone and one count of possession of marijuana. On appeal, the defendant claimed that the trial judge abused her discretion and violated his rights under Superior Court Criminal Rule 24(c) by replacing one of his jurors with an alternate in the middle of trial. The appeals court stated that because the replaced juror was neither shown nor found to be ?unable or disqualified to perform? his duties, Rule 24(c) was violated. Nonetheless, there was no affirmative showing that the defendant was prejudiced by the juror substitution and, therefore, the appeals court stated that it was ?constrained? by precedent to withhold a remedy for the error.