Warger v. Shauers

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
13-517	8th Cir.	Oct 8, 2014 Tr.Aud.	Dec 8, 2014	9-0	Sotomayor	OT 2014

Holding: Federal Rule of Evidence 606(b), which provides that certain juror testimony about events in the jury room is not admissible “during an inquiry into the validity of a verdict,” 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.

Judgment: Affirmed, 9-0, in an opinion by Justice Sotomayor on December 8, 2014.

SCOTUSblog Coverage

Opinion analysis: Testimony about juror statements during deliberations not admissible to show dishonesty during voir dire (Roger C. Park)
Opinion analysis: No overtime pay for after-work security check (Lyle Denniston)
Argument analysis: Juror testimony about deliberations (Roger C. Park)
Argument preview: Justices to resolve circuit split on juror testimony about deliberations (Roger C. Park)
Petition of the day (Mary Pat Dwyer)

Date	Proceedings and Orders (key to color coding)
Oct 22 2013	Petition for a writ of certiorari filed. (Response due November 25, 2013)
Nov 12 2013	Order extending time to file response to petition to and including December 26, 2013.
Dec 19 2013	Brief of respondent Randy D. Shauers in opposition filed.
Jan 8 2014	DISTRIBUTED for Conference of January 24, 2014.
Jan 8 2014	Reply of petitioner Gregory P. Warger filed. (Distributed)
Jan 21 2014	Record Requested .
Jan 30 2014	Record received from the U.S.C.A. 8th Circuit (1 envelope).
Feb 3 2014	Record received from the U.S.D.C. South Dakota (1 box).
Feb 5 2014	DISTRIBUTED for Conference of February 21, 2014.
Feb 24 2014	DISTRIBUTED for Conference of February 28, 2014.
Mar 3 2014	Petition GRANTED.
Mar 28 2014	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.
Apr 7 2014	The time to file the joint appendix and petitioner's brief on the merits is extended to and including May 27, 2014.
Apr 7 2014	The time to file respondent's brief on the merits is extended to and including August 6, 2014.
May 27 2014	Joint appendix filed. (Statement of costs filed.)
May 27 2014	Brief of petitioner Gregory P. Warger filed.
Jun 3 2014	Brief amici curiae of Professors of Law filed.
Jun 3 2014	Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
Jul 9 2014	Record requested from U.S.C.A. 8th Circuit.
Jul 17 2014	Record received from U.S.C.A. 8th Circuit. 1 envelope.
Jul 21 2014	SET FOR ARGUMENT Wednesday, October 8, 2014
Aug 6 2014	Brief of respondent Randy D. Shauers filed.
Aug 11 2014	Brief amici curiae of Law Professors filed.
Aug 12 2014	Brief amicus curiae of American Association for Justice filed. (Distributed)
Aug 13 2014	Brief amicus curiae of the United States filed.
Aug 13 2014	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Aug 14 2014	CIRCULATED.
Sep 5 2014	Reply of petitioner Gregory P. Warger filed. (Distributed)
Oct 2 2014	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Oct 8 2014	Argued. For petitioner: Kannon K. Shanmugam, Washington, D. C. For respondent: Sheila L. Birnbaum, New York, N. Y.; and Sarah E. Harrington, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
Dec 9 2014	Adjudged to be AFFIRMED. Sotomayor, J., delivered the opinion for a unanimous Court.
Jan 12 2015	JUDGMENT ISSUED.
Jan 20 2015	Record returned for U.S.C.A. 8th Circuit. (1 Box)
Jan 20 2015	Record returned for U.S.D.C. District of South Dakota Western Division. (1 Envelope)

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Warger v. Shauers

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Featured Posts

Justices pass on opportunity to define liability for inadequate disclosures about tender offers – Ronald Mann

Argument analysis: Divided court seems ready to uphold citizenship question on 2020 census – Amy Howe

Argument analysis: Employment discrimination law’s “natural experiment” – Charlotte Garden

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