US v. Villar, No. 08-1154

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. 

Read US v. Villar, No. 08-1154

Appellate Information

Appeal from the United States District Court for the District of New Hampshire

Decided November 10, 2009

Judges

Before:  Torruella and Boudin, Circuit Judges, and Saris, District Judge

Opinion by Saris, District Judge

Counsel

For Appellant:  Mark L. Stevens

For Appellee:  Aixa Maldonado-Quiñones, Assistant United States Attorney, Michael J. Gunnison, Acting United States Attorney