United States First Circuit

In proceedings arising after defense counsel in a criminal matter received an e-mail from a juror containing ethnically-biased statements, an order denying defendant's motion to make an inquiry into the validity of the verdict is reversed and the matter remanded where: 1) although the trial court correctly found that Rule of Evidence 606(b) precludes inquiry into juror prejudice; 2) a court has the discretion to conduct such an inquiry under the Sixth Amendment and the Due Process Clause of the United States Constitution.

Appellate Information

• Decided 11/10/2009
• Published 11/10/2009

Judges

• SARIS, District Judge., Before TORRUELLA and BOUDIN, Circuit Judges, and SARIS, District Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Mark L. Stevens, Esq., for appellant.


• For Appellees:
  
• Aixa Maldonado-Quiones, Assistant United States Attorney, with whom Michael J. Gunnison, Acting United States Attorney, was on the brief for appellee.