Right To Trial Delay For Religious Observance Rejected

In Hoyt v. Lewin, 2006 U.S. Dist. LEXIS 28294 (SDNY, May 12, 2006), a Magistrate Judge in a New York federal district court recommended rejection of a free exercise claim brought by Leroy Hoyt, who had been convicted in state court on drug charges. In Hoyt's criminal trial the state court had refused to adjourn jury deliberations on a Friday, thereby forcing Hoyt, a Muslim, to choose between attending religious services and being present at his trial. The Magistrate Judge said that the trial court had a compelling interest in declining to interrupt jury deliberations, particularly given the approach of a weekend.