§6.11 Juror Testimony and Affidavits Barred

Authors

Christopher B. Mueller, University of Colorado Law School
Laird Kirkpatrick, George Washington University Law SchoolFollow
Liesa Richter, University of Oklahoma College of Law

Document Type

Chapter

Publication Date

2018

Status

Accepted

Abstract

This article addresses the impeachment of jury verdicts under FRE 606(b). Such impeachment is generally barred based on juror testimony or affidavits. However, there are three primary exceptions where jury testimony is allowed. The article discusses the key Supreme Court cases of Tanner and Pena-Rodriguez. In the latter case, the Court held for the first time that the Sixth Amendment entitles a convicted defendant to show that the jury relied on “racial stereotypes or animus to convict.”

GW Paper Series

GWU Law School Public Law Research Paper No. 2018-69; GWU Legal Studies Research Paper No. 2018-69

SSRN Link

https://ssrn.com/abstract=3277060

Recommended Citation

Mueller, Christopher B. and Kirkpatrick, Laird C. and Richter, Liesa, §6.11 Juror Testimony and Affidavits Barred (2018). C. Mueller, L. Kirkpatrick, & L. Richter, Evidence §6.11 (6th ed. Wolters Kluwer 2018); GWU Law School Public Law Research Paper No. 2018-69; GWU Legal Studies Research Paper No. 2018-69. Available at SSRN: https://ssrn.com/abstract=3277060