Remmer v. United States

In Remmer v. United States, 347 U.S. 227 (1954), the United States Supreme Court set forth the procedure for addressing alleged communications or contacts with jurors during a criminal trial: "In a criminal case, any private communication, contact, or tampering, directly or indirectly, with a juror during a trial about the matter pending before the jury is, for obvious reasons, deemed presumptively prejudicial, if not made in pursuance of known rules of the court and the instructions and directions of the court made during the trial, with full knowledge of the parties. The presumption is not conclusive, but the burden rests heavily upon the Government to establish, after notice to and hearing of the defendant, that such contact with the juror was harmless to the defendant." Remmer, supra at 229. The United States Supreme Court held that a trial court must hold a hearing when a defendant shows good cause to believe that a juror was improperly influenced. (Remmer, supra, 347 U.S. at p. 230.) Remmer involved an unnamed person who approached a juror during trial "and remarked to him that he could profit by bringing in a verdict favorable to the [defendant]." (Id. at p. 228.) The juror brought the attempted bribe to the attention of the trial court, which in turn informed the prosecution but not the defense. (Ibid.) An investigation concluded that the remark had been made in jest. When defense counsel learned of the investigation after trial, the defense moved for a new trial. The trial court denied the motion without a hearing. (Ibid.) The Supreme Court declared the ruling to be error, explaining: "The trial court should not decide and take final action ex parte on information such as was received in this case, but should determine the circumstances, the impact thereof upon the juror, and whether or not it was prejudicial, in a hearing with all interested parties permitted to participate." (Remmer, supra, 347 U.S. at pp. 229-230.) Remmer thus holds that jurors are allowed to testify. Remmer does not stand for the proposition that a party has the right to personally interview jurors or to subpoena them upon a belief that misconduct occurred.