Tanner v. United States

In Tanner v. United States (483 U.S. 107 [1987]), the defendants moved for a new trial upon allegations that during the trial members of the jury consumed alcohol, smoked marijuana regularly, ingested cocaine, sold marijuana to one another, fell asleep and were self-described as "flying." (483 U.S. at 116.) Attached to the motion was the sworn, transcribed interview of one juror, detailing the allegations, who stated that he "felt like . . . the jury was on one big party." (483 U.S. at 115.) The Supreme Court concluded that the trial court properly determined juror testimony inadmissible to impeach the verdict, rejecting the defendants' argument that substance abuse constitutes an improper "outside influence" about which jurors may testify under rule 606 (b). "However severe their effect and improper their use, drugs or alcohol voluntarily ingested by a juror seems no more an 'outside influence' than a virus, poorly prepared food, or a lack of sleep." (483 U.S. at 122.)