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On December 8, 2014, the Supreme Court issued its decision in Warger v. Shauers. The question in this case was whether a party moving for a new trial may rely upon juror testimony regarding statements made during deliberations that suggest juror dishonesty during voir dire (the process by which potential jurors are questioned in order to determine if they are suitable to serve on a particular jury).

Justice Sotomayor delivered the opinion of a unanimous Court, which held that Federal Rule of Evidence 606(b) precludes a party seeking a new trial from using one juror’s affidavit of what another juror said in deliberations to demonstrate the other juror’s dishonesty during voir dire. The judgment of the Eighth Circuit was affirmed.

To discuss the case, we have Rachel Paulose, who is a former Senate Confirmed United States Attorney.

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