Tag Archives: Fed. R. Evid. 606(b)

Sixth Circuit Holds District Court Lacked Power to Order a Forensic Examination of a Juror’s Personal Electronics to Investigate Alleged Misconduct in a Criminal Case

In In re Sittenfeld, No. 22-3694 (6th Cir. Sept. 23, 2022), the Sixth Circuit denies a mandamus petition and thus leaves undisturbed the denial of an order sought by a criminal defendant to compel the forensic examination of a juror’s cellphone, computer, or “any electronic device that [the juror] used to make electronic communications.” “InContinue reading “Sixth Circuit Holds District Court Lacked Power to Order a Forensic Examination of a Juror’s Personal Electronics to Investigate Alleged Misconduct in a Criminal Case”

Split Sixth Circuit Panel Holds That A Federal Civil Litigant Has An Equal Protection Right to a Jury Deliberation Free of Racial Bias

In Harden v. Hillman, No. 20-5056 (6th Cir. Apr. 6, 2021), a split panel vacates and remands a defense verdict in a § 1983 case, where a juror testified post-trial that other jurors engaged in racial stereotyping during deliberations. The plaintiff, who is Black, claimed excessive force against Officer Hillman, who allegedly roughed him upContinue reading “Split Sixth Circuit Panel Holds That A Federal Civil Litigant Has An Equal Protection Right to a Jury Deliberation Free of Racial Bias”