§6.11 Juror Testimony and Affidavits Barred

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.”