This section contains the nature of the case and procedural background.

Stephens (D) was charged with falsifying a loan application under 18 U.S.C. Section 1014 and five counts of mail fraud under 18 U.S.C. Section 1341. During trial, the government used a number of summary exhibits called charts to summarize the evidence presented and trial and allowed those charts to be taken into the jury room. A chart was used for each mail fraud count and a sixth was used to display what had happened to the loan proceeds. D objected but the trial court overruled that objection. D was convicted and appealed.

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