In a highly publicized criminal prosecution of Volstad, a leading political figure, the jury is given strict instructions not to read news accounts of the trial or discuss the case with anyone. During the trial, the judge receives information that one juror read news accounts of the trial and discussed those accounts with others at lunch. During a recess in trial, after other jurors had been excused, the judge questions the juror about the matter. Does FRE 606(a) bar such inquiry?

 

PROBLEM 6-E. The $800,000 Jury Error

 

When Baker loses his farm to the bank in a foreclosure, he turns against his lawyer, Henderson, and brings a malpractice suit alleging that Henderson failed properly to advise him on the matter of redeeming the farm. At the conclusion of the case, the court delivers the following instruction on the proper measure of damages:

 

"The Plaintiff's damages are the fair market value of the farm minus the redemption costs plus the mortgage balance on the property."

 

The evidence indicates that fair market value was about $500,000, that costs of redemption would have been about $10,000, and that the outstanding balance on the mortgage was about $400,000. During deliberations, the jury foreman sends a note to the judge asking whether the jury must follow this formula in calculating damages. With approval by both lawyers, the judge answers in the affirmative. After returning a verdict for Baker in the amount of $890,000, the jury is dismissed. The court enters judgment on the verdict.

 

Immediately Henderson's lawyer gets permission from the court to interview jurors. Within days, he obtains affidavits from all 12, saying that they understood that they were to add the mortgage balance to fair market value (rather than subtracting the former from the latter). Henderson seeks a new trial, arguing that the jury made an $800,000 mistake.

 

If the judge agrees that the jury erred, should she grant a new trial? Does FRE 606(b) allow such affidavits? Could Henderson have asked the trial judge, at the time the jury announced its verdict, to ask the jury how it understood the instruction?

Answer rating: 100% (QA)

In response to your first question regarding the highly publicized criminal prosecution of Volstad and whether FRE 606a bars the judge from inquiring about a jurors behavior FRE 606a states Upon an in... View the full answer