Remmer v. United States, 350 U.S. 377 (1956)

Remmer v. United States


No. 156


Argued January 18, 1956
Decided March 5, 1956
350 U.S. 377

CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT

Syllabus

During petitioner’s trial in a Federal District Court, which resulted in his conviction of a federal offense, one of the jurors was approached by an outsider who suggested that he could make some money by making a deal with petitioner. The juror refused to discuss the case with the outsider, and reported the incident to the trial judge. Without informing petitioner or his counsel, the judge related the incident to the district attorney, and it was referred to the Federal Bureau of Investigation. During a recess in the trial, an FBI agent interrogated the juror about the matter, and the juror did not know the purpose or result of this investigation until a month after the end of the trial. Immediately after the trial, the juror told another juror that he "had been under a terrific pressure."

Held: on the record in this case, it cannot be said that the juror was not affected in his freedom of action as a juror; and petitioner is entitled to a new trial. Pp. 377-382.

222 F.2d 720, judgment vacated and case remanded for new trial.