Argument preview: Justices to resolve circuit split on juror testimony about deliberations

[Draggingtree]

Scotus Blog: Argument preview: Justices to resolve circuit split on juror testimony about deliberations

By Roger Park on Sep 29, 2014 at 11:29 am

 

On October 8, in Warger v. Shauers, the Court will hear oral arguments on whether, in support of a motion for a new trial, a juror may testify about statements made during deliberations which show that another juror gave misleading answers to questions asked on voir dire.

 

At issue is the interpretation of Federal Rule Of Evidence 606(, which generally prohibits testimony of jurors about statements made during deliberations when the testimony is offered in “an inquiry into the validity of a verdict or indictment.” The rule makes exceptions for testimony about “extraneous prejudicial information,” “outside influence,” and clerical mistakes made in entering verdicts. Thus, testimony about statements during deliberations that show a juror’s irrationality,