United States v. Erik Maund -Middle District of Tennessee at Nashville
Split Score
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This score (0-100) indicates how likely this case is to be reviewed by the Supreme Court based on:
Case Summary
Disposition
Reversed
In this appeal arising from a murder-for-hire prosecution, the Sixth Circuit held that the district court erred in granting a new trial after jurors inadvertently received several unadmitted exhibits during deliberations. The panel concluded that the mistake was not structural error and that, applying harmless-error review, any prejudice was insignificant in light of the overwhelming evidence of guilt; it therefore reversed the order granting a new trial and remanded.
Circuit Split Identified
Legal Issue
Which party bears the burden of proof at a Remmer hearing when jurors were exposed to an external influence—the defendant (must show actual prejudice) or the government (must show the error was harmless)?
Circuit Positions
Defendant must prove actual prejudice at a Remmer hearing.
Government must prove the contact was harmless beyond a reasonable doubt.
Conflict Summary
The Sixth Circuit places the burden on the defendant to prove actual prejudice from the extraneous influence, whereas every other circuit to have addressed the issue requires the government to prove the contact was harmless beyond a reasonable doubt.