Juror’s competency as a witness - Next Generation Bar Exam

1. Under Pena-Rodriguez v. Colorado, when must the no-impeachment rule yield under the Sixth Amendment?

   When a juror clearly states reliance on racial stereotypes or animus to convict a criminal defendant. The statement must tend to show that racial animus was a significant motivating factor in the vote.

2. Under FRE 606(b)(2), on what three matters may a juror testify regarding the validity of a verdict?

   Extraneous prejudicial information, outside influence improperly brought to bear, or a mistake in entering the verdict on the form. These exceptions address external threats to the jury's impartiality.

3. What is an example of extraneous prejudicial information under FRE 606(b)(2)(A)?

   A juror's independent research, such as reading news reports or visiting the scene. Information from outside the trial record may be the subject of juror testimony.

4. After a verdict, a juror reports that a court bailiff told jurors the defendant had a prior record. What is the status of the juror's testimony?

   It is admissible under FRE 606(b)(2) as extraneous prejudicial information or outside influence. Communications from court personnel about the case come from outside the jury.

5. Under Tanner v. United States, what is the status of juror testimony about other jurors' alcohol and drug use during trial?

   It is barred by FRE 606(b), because intoxication is not an outside influence. The Court relied on other safeguards, such as voir dire and observation during trial.

6. Under FRE 606(a), what is the rule on a juror testifying at the trial?

   A juror may not testify before the other jurors at the trial. The opposing party must be given an opportunity to object outside the jury's presence.

7. Under FRE 606(b)(1), what may a juror not testify about during an inquiry into the validity of a verdict?

   Statements or incidents during deliberations, effects on any juror's vote, or any juror's mental processes. A juror's affidavit or evidence of a juror's statement on these matters is also excluded.

8. After a verdict, a juror reports that the jury foreperson pressured others by threatening to report them to their employers. What is the status of the juror's testimony?

   It is barred by FRE 606(b), because the pressure was an internal matter of deliberations. Pressure among jurors is not an outside influence.

9. Under Warger v. Shauers, what is the status of juror testimony about deliberations offered to show a juror lied during voir dire?

   It is barred by FRE 606(b). The rule applies to any proceeding in which the verdict is challenged.

10. After a verdict, the jury discovers the foreperson wrote the damages figure in the wrong column of the verdict form. What is the status of juror testimony about the error?

    It is admissible under FRE 606(b)(2)(C) to correct a mistake in entering the verdict. The exception covers clerical errors, not mistakes in understanding the instructions.

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