Warger v. Shauers

(Slip Opinion) OCTOBER TERM, 2014 1

Syllabus

NOTE: Where it is feasible, a syllabus (headnote) will be released, as is

being done in connection with this case, at the time the opinion is issued.

The syllabus constitutes no part of the opinion of the Court but has been

prepared by the Reporter of Decisions for the convenience of the reader.

See United States v. Detroit Timber & Lumber Co., 200 U. S. 321, 337.

SUPREME COURT OF THE UNITED STATES

Syllabus

WARGER v. SHAUERS

CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR

THE EIGHTH CIRCUIT

No. 13–517. Argued October 8, 2014—Decided December 9, 2014

Petitioner Gregory Warger sued respondent Randy Shauers in federal

court for negligence for injuries suffered in a motor vehicle accident.

After the jury returned a verdict for Shauers, one of the jurors con-

tacted Warger’s counsel, claiming that Regina Whipple, the jury fore-

person, had revealed during deliberations that her daughter had

been at fault in a fatal motor vehicle accident, and that a lawsuit

would have ruined her daughter’s life. Armed with an affidavit from

the juror, Warger moved for a new trial, arguing that Whipple had

deliberately lied during voir dire about her impartiality and ability to

award damages. The District Court denied Warger’s motion, holding

that Federal Rule of Evidence 606(b), which bars evidence “about any

statement made . . . during the jury’s deliberations,” barred the affi-

davit, and that none of the Rule’s three exceptions, see Rule

606(b)(2), were applicable. The Eighth Circuit affirmed.

Held:

1. Rule 606(b) applies to juror testimony during a proceeding in

which a party seeks to secure a new trial on the ground that a juror

lied during voir dire. Pp. 3–10.

(a) This reading accords with the plain meaning of Rule 606(b),

which applies to “an inquiry into the validity of [the] verdict.” This

understanding is also consistent with the underlying common-law

rule on which Congress based Rule 606(b). The so-called “federal

rule” made jury deliberations evidence inadmissible even if used to

demonstrate dishonesty during voir dire. Both the majority of courts

and this Court’s pre-Rule606(b) cases, see McDonald v. Pless, 238

U. S. 264, 268; Clark v. United States, 289 U. S. 1, favored this rule

over the “Iowa rule,” which permitted the use of such jury delibera-

tions evidence. The federal approach is clearly reflected in the lan-

2 WARGER v. SHAUERS

Syllabus

guage Congress chose when it enacted Rule 606(b), and legislative

history confirms that Congress’ choice was no accident. See Tanner

v. United States, 483 U. S. 107, 125. Pp. 3–8.

(b) Warger’s arguments against this straightforward understand-

ing are not persuasive. Pp. 8–10.

(1) First, Warger insists that proceedings for a new trial based

on voir dire dishonesty do not involve an “inquiry into the validity of

the verdict.” His reading would restrict Rule 606(b)’s application to

claims of error for which a court must examine the manner in which

the jury reached its verdict, but the Rule does not focus on the means

by which deliberations evidence might be used to invalidate a verdict.

It simply applies during a proceeding in which a verdict may be ren-

dered invalid. Pp. 8–9.

(2) Warger also contends that excluding jury deliberations evi-

dence that shows voir dire dishonesty is unnecessary to fulfill Con-

gress’ objectives, but his arguments would apply to all evidence ren-

dered inadmissible by Rule 606(b), and he cannot escape the scope of

the Rule merely by asserting that Congress’ concerns were misplaced.

P. 9.

(3) Finally, Warger invokes the canon of constitutional avoid-

ance, contending that only his interpretation protects the right to an

impartial jury. But that canon has no application here, where there

is no ambiguity. See United States v. Oakland Cannabis Buyers’ Co-

operative, 532 U. S. 483, 494. Moreover, this Court’s Tanner decision

forecloses any claim that Rule 606(b) is unconstitutional. Similar to

the right at issue in that case, Warger’s right to an impartial jury

remains protected despite Rule 606(b)’s removal of one means of en-

suring unbiased jurors. Even if a juror lies to conceal bias, parties

may bring to the court’s attention evidence of bias before the verdict

is rendered and use nonjuror evidence after the verdict is rendered.

Pp. 9–10.

2. The affidavit at issue was not admissible under Rule

606(b)(2)(A)’s exception for evidence of “extraneous prejudicial infor-

mation.” Generally speaking, extraneous information derives from a

source “external” to the jury. See Tanner, 483 U. S., at 117. Here,

the excluded affidavit falls on the “internal” side. Warger contends

that any information Whipple shared with the other jurors was ex-

traneous because she would have been disqualified from the jury had

she disclosed her daughter’s accident. However, such an exception

would swallow up much of the rest of the restrictive version of the

common-law rule that Congress adopted in enacting Rule 606(b).

Pp. 11–13.

721 F. 3d 606, affirmed.

SOTOMAYOR, J., delivered the opinion for a unanimous Court.

Cite as: 574 U. S. ____ (2014) 1

Opinion of the Court

NOTICE: This opinion is subject to formal revision before publication in the

preliminary print of the United States Reports. Readers are requested to

notify the Reporter of Decisions, Supreme Court of the United States, Wash-

ington, D. C. 20543, of any typographical or other formal errors, in order

that corrections may be made before the preliminary print goes to press.

SUPREME COURT OF THE UNITED STATES

_________________

No. 13–517

_________________

GREGORY P. WARGER, PETITIONER v. RANDY D.

SHAUERS

ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF

APPEALS FOR THE EIGHTH CIRCUIT

[December 9, 2014]

JUSTICE SOTOMAYOR delivered the opinion of the Court.

Federal Rule of Evidence 606(b) provides that certain

juror testimony regarding what occurred in a jury room is

inadmissible “[d]uring an inquiry into the validity of a

verdict.” The question presented in this case is whether

Rule 606(b) 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. We hold that it does.

I

Petitioner Gregory Warger was riding his motorcycle on

a highway outside Rapid City, South Dakota, when a

truck driven by respondent Randy Shauers struck him

from behind. Warger claims he was stopped at the time of

the accident, while Shauers claims that Warger suddenly

pulled out in front of him. Regardless of the cause of the

accident, no one disputes its tragic result: Warger sus-

tained serious injuries that ultimately required the ampu-

tation of his left leg.

Warger sued Shauers for negligence in Federal District

Court. During jury selection, counsel for both parties

2 WARGER v. SHAUERS

Opinion of the Court

conducted lengthy voir dire of the prospective jurors.

Warger’s counsel asked whether any jurors would be

unable to award damages for pain and suffering or for

future medical expenses, or whether there was any juror

who thought, “I don’t think I could be a fair and impartial

juror on this kind of case.” App. 105. Prospective juror

Regina Whipple, who was later selected as the jury fore-

person, answered no to each of these questions. See id., at

83, 89, 105.

Trial commenced, and the jury ultimately returned a

verdict in favor of Shauers. Shortly thereafter, one of the

jurors contacted Warger’s counsel to express concern over

juror Whipple’s conduct. The complaining juror subse-

quently signed an affidavit claiming that Whipple had

spoken during deliberations about “a motor vehicle colli-

sion in which her daughter was at fault for the collision

and a man died,” and had “related that if her daughter

had been sued, it would have ruined her life.” App. to Pet.

for Cert. 40a–41a.

Relying on this affidavit, Warger moved for a new trial.

He contended that Whipple had deliberately lied during

voir dire about her impartiality and ability to award dam-

ages. Thus, he asserted, he had satisfied the requirements

of McDonough Power Equipment, Inc. v. Greenwood, 464

U. S. 548 (1984), which holds that a party may “obtain a

new trial” if he “demonstrate[s] that a juror failed to an-

swer honestly a material question on voir dire, and . . .

that a correct response would have provided a valid basis

for a challenge for cause.” Id., at 556.

The District Court refused to grant a new trial, holding

that the only evidence that supported Warger’s motion,

the complaining juror’s affidavit, was barred by Federal

Rule of Evidence 606(b). As relevant here, that Rule

provides that “[d]uring an inquiry into the validity of a

verdict,” evidence “about any statement made or incident

that occurred during the jury’s deliberations” is inadmis-

Cite as: 574 U. S. ____ (2014) 3

Opinion of the Court

sible. Rule 606(b)(1). The Rule contains three specific

exceptions—allowing testimony “about whether (A) extra-

neous prejudicial information was improperly brought to

the jury’s attention; (B) an outside influence was improp-

erly brought to bear on any juror; or (C) a mistake was

made in entering the verdict on the verdict form,” Rule

606(b)(2)—but the District Court found none of these

exceptions to be applicable.

The Eighth Circuit affirmed. 721 F. 3d 606 (2013). It

first held that Warger’s proffered evidence did not fall

within the “extraneous prejudicial evidence” exception set

forth in Rule 606(b)(2)(A). The court explained that

“[j]urors’ personal experiences do not constitute extrane-

ous information; it is unavoidable they will bring such

innate experiences into the jury room.” Id., at 611. Next,

the court rejected Warger’s alternative argument that

Rule 606(b) is wholly inapplicable when a litigant offers

evidence to show that a juror was dishonest during voir

dire. Acknowledging that there was a split among the

Federal Courts of Appeals on this question, the Eighth

Circuit joined those Circuits that had held that Rule

606(b) applies to any proceeding in which the jury’s verdict

might be invalidated, including efforts to demonstrate that

a juror lied during voir dire. Compare id., at 611–612

(citing Williams v. Price, 343 F. 3d 223, 235–237 (CA3

2003), and United States v. Benally, 546 F. 3d 1230, 1235

(CA10 2008)), with Hard v. Burlington N. R. Co., 812 F. 2d

482, 485 (CA9 1987) (“Statements which tend to show

deceit during voir dire are not barred by [Rule 606(b)]”),

and Maldonado v. Missouri P. R. Co., 798 F. 2d 764, 770

(CA5 1986) (same).

We granted certiorari, 571 U. S. ___ (2014), and now

affirm.

II

We hold that Rule 606(b) applies to juror testimony

4 WARGER v. SHAUERS

Opinion of the Court

during a proceeding in which a party seeks to secure a

new trial on the ground that a juror lied during voir dire.

In doing so, we simply accord Rule 606(b)’s terms their

plain meaning. The Rule, after all, applies “[d]uring an

inquiry into the validity of a verdict.” Rule 606(b)(1). A

postverdict motion for a new trial on the ground of

voir dire dishonesty plainly entails “an inquiry into the

validity of [the] verdict”: If a juror was dishonest during

voir dire and an honest response would have provided a

valid basis to challenge that juror for cause, the verdict

must be invalidated. See McDonough, 464 U. S., at 556.

This understanding of the text of Rule 606(b) is con-

sistent with the underlying common-law rule on which it

was based. Although some common-law courts would

have permitted evidence of jury deliberations to be intro-

duced to demonstrate juror dishonesty during voir dire,

the majority would not, and the language of Rule 606(b)

reflects Congress’ enactment of the more restrictive ver-

sion of the common-law rule.

Rule 606(b) had its genesis in Vaise v. Delaval, 1 T. R.

11, 99 Eng. Rep. 944 (K. B. 1785), in which Lord Mansfield

held inadmissible an affidavit from two jurors claiming

that the jury had decided the case through a game of

chance. See 8 J. Wigmore, Evidence §2352, p. 696 (J.

McNaughton rev. 1961). The rule soon took root in the

United States, id., at 696–697, where it was viewed as

both promoting the finality of verdicts and insulating the

jury from outside influences, see McDonald v. Pless, 238

U. S. 264, 267–268 (1915).

Some versions of the rule were narrower than others.

Under what was sometimes known as the “Iowa” ap-

proach, juror testimony regarding deliberations was ex-

cluded only to the extent that it related to matters that

“ ‘inhere[d] in the verdict,’ ” which generally consisted of

evidence of the jurors’ subjective intentions and thought

processes in reaching a verdict. 3 C. Mueller & L. Kirk-

Cite as: 574 U. S. ____ (2014) 5

Opinion of the Court

patrick, Federal Evidence §6:16, p. 70 (4th ed. 2013); 8

Wigmore, Evidence §§2353, 2354, at 699–702.1 A number

of courts adhering to the Iowa rule held that testimony

regarding jury deliberations is admissible when used to

challenge juror conduct during voir dire. See, e.g., Mathi-

sen v. Norton, 187 Wash. 240, 244–246, 60 P. 2d 1, 3–4

(1936); Williams v. Bridges, 140 Cal. App. 537, 538–541,

35 P. 2d 407, 408–409 (1934).

But other courts applied a broader version of the anti-

impeachment rule. Under this version, sometimes called

the “federal” approach, litigants were prohibited from

using evidence of jury deliberations unless it was offered

to show that an “extraneous matter” had influenced the

jury. See 3 Mueller & Kirkpatrick, Federal Evidence

§6:16, at 71; Rules of Evidence for United States Courts

and Magistrates, 56 F. R. D. 183, 265 (1973). The “great

majority” of appellate courts applying this version of the

rule held jury deliberations evidence inadmissible even if

used to demonstrate dishonesty during voir dire. Wilson

v. Wiggins, 54 Ariz. 240, 246, 94 P. 2d 870, 872 (1939); see,

e.g., Willis v. Davis, 333 P. 2d 311, 314 (Okla. 1958);

Turner v. Hall’s Adm’x, 252 S. W. 2d 30, 34 (Ky. 1952);

Hinkel v. Oregon Chair Co., 80 Ore. 404, 406, 156 P. 438,

439 (1916); State v. Cloud, 130 La. 955, 958–960, 58 So.

827, 828–829 (1912); Payne v. Burke, 236 App. Div. 527,

528–530, 260 N. Y. S. 259, 260–262 (1932).

This Court occasionally employed language that might

——————

1 The Iowa rule derived from Wright v. Illinois & Miss. Tel. Co., 20

Iowa 195 (1866), in which the Iowa Supreme Court held that a trial

court considering a motion for a new trial should have accepted the

affidavits of four jurors who claimed that their damages verdict had

been determined by taking the average of the sums each juror thought

proper (a “quotient” verdict). Id., at 212–213. The Wright court rea-

soned that, unlike evidence of a juror’s subjective intentions in reaching

a verdict, whether the verdict had been obtained in this fashion was an

“independent fact” and thus could and should be proved by any avail-

able evidence. Id., at 211.

6 WARGER v. SHAUERS

Opinion of the Court

have suggested a preference for the Iowa rule. See Hyde

v. United States, 225 U. S. 347, 383–384 (1912) (“[W]e

think the rule expressed in Wright v. Illinois & Miss. Tel.

Co., 20 Iowa 195 [1866], . . . should apply, that the testi-

mony of jurors should not be received to show matters

which essentially inhere in the verdict itself and neces-

sarily depend upon the testimony of the jurors and can

receive no corroboration”); Mattox v. United States, 146

U. S. 140, 148–149 (1892) (quoting at length a Kansas

Supreme Court decision setting out the Iowa test). But to

the extent that these decisions created any question as to

which approach this Court followed, McDonald v. Pless

largely settled matters. There, we held that juror affida-

vits were not admissible to show that jurors had entered a

“quotient” verdict, precisely the opposite of the result

reached by the Iowa Supreme Court in its decision estab-

lishing the Iowa approach. Compare 238 U. S., at 265,

268, with Wright v. Illinois & Miss. Tel. Co., 20 Iowa 195,

211–212 (1866). In doing so, we observed that although

decisions in a few States made admissible a “juror’s affi-

davit as to an overt act of misconduct, which was capable

of being controverted by other jurors,” the argument in

favor of that approach (i.e., the Iowa rule) had not been

generally accepted, because permitting such evidence

“would open the door to the most pernicious arts and

tampering with jurors.” 238 U. S., at 268 (internal quota-

tion marks omitted).

Our subsequent decision in Clark v. United States, 289

U. S. 1 (1933), was consistent with our apparent rejection

of the Iowa approach. In Clark, the Government had

prosecuted for contempt a juror who, during voir dire in a

prior case, had falsely denied knowing the defendant. Id.,

at 6–8. We held that the prosecution could introduce

evidence of what had occurred during deliberations in the

prior case, rejecting the juror’s argument that these com-

munications were privileged. We were careful to explain,

Cite as: 574 U. S. ____ (2014) 7

Opinion of the Court

however, that nothing in our decision was “at variance

with the rule . . . that the testimony of a juror is not ad-

missible for the impeachment of his verdict.” Id., at 18.

This was because the verdict in the original case was not

at issue, and therefore “the rule against impeachment

[was] wholly unrelated to the problem . . . before us.”

Ibid.; accord, McDonald, 238 U. S., at 269. Clark thus

clarified that the rule against jurors’ impeaching their

verdicts applies only in a proceeding actually impeaching

that verdict—precisely the line Rule 606(b) draws when it

refers to an “inquiry into the validity of a verdict.”

In any event, these decisions predated Congress’ enact-

ment of Rule 606(b), and Congress was undoubtedly free

to prescribe a broader version of the anti-impeachment

rule than we had previously applied. The language of the

Rule it adopted clearly reflects the federal approach: As

enacted, Rule 606(b) prohibited the use of any evidence of

juror deliberations, subject only to the express exceptions

for extraneous information and outside influences.2

For those who consider legislative history relevant, here

it confirms that this choice of language was no accident.

Congress rejected a prior version of the Rule that, in ac-

cordance with the Iowa approach, would have prohibited

juror testimony only as to the “effect of anything upon . . .

[any] juror’s mind or emotions . . . or concerning his men-

tal processes.” Committee on Rules of Practice and Proce-

dure of the Judicial Conference of the United States,

Revised Draft of Proposed Rules of Evidence for the United

States Courts and Magistrates, 51 F. R. D. 315, 387

(1971); see Tanner v. United States, 483 U. S. 107, 123–

125 (1987) (detailing the legislative history of the Rule).

Thus Congress “specifically understood, considered, and

rejected a version of Rule 606(b)” that would have likely

——————

2 The additional exception for mistakes made in entering the verdict

on the verdict form was adopted in 2006. See 547 U. S. 1281, 1286.

8 WARGER v. SHAUERS

Opinion of the Court

permitted the introduction of evidence of deliberations to

show dishonesty during voir dire. Id., at 125.

III

A

Seeking to rebut this straightforward understanding of

Rule 606(b), Warger first insists that the proceedings that

follow a motion for new trial based on dishonesty during

voir dire do not involve an “inquiry into the validity of the

verdict.” His argument is as follows: Under McDonough, a

party moving for a new trial on the basis of voir dire dis-

honesty need not show that this dishonesty had an effect

on the verdict. See 464 U. S., at 556. Although a success-

ful claim will result in vacatur of the judgment, vacatur is

simply the remedy for the McDonough error, just as it may

be the remedy for a variety of errors that have nothing to

do with the manner in which the jury reached its verdict.

See, e.g., United States v. Davila, 569 U. S. ___, ___ (2013)

(slip op., at 12) (listing certain “ ‘structural’ ” errors war-

ranting “automatic reversal” of a criminal conviction).

Therefore, Warger asserts, the “inquiry begins and ends

with what happened during voir dire.” Brief for Petitioner

19–20.

We are not persuaded. Warger, it seems, would restrict

Rule 606(b)’s application to those claims of error for which

a court must examine the manner in which the jury

reached its verdict—claims, one might say, involving an

inquiry into the jury’s verdict. But the “inquiry” to which

the Rule refers is one into the “validity of the verdict,” not

into the verdict itself. The Rule does not focus on the

means by which deliberations evidence might be used to

invalidate a verdict. It does not say “during an inquiry

into jury deliberations,” or prohibit the introduction of

evidence of deliberations “for use in determining whether

an asserted error affected the jury’s verdict.” It simply

applies “[d]uring an inquiry into the validity of the ver-

Cite as: 574 U. S. ____ (2014) 9

Opinion of the Court

dict”—that is, during a proceeding in which the verdict

may be rendered invalid. Whether or not a juror’s alleged

misconduct during voir dire had a direct effect on the

jury’s verdict, the motion for a new trial requires a court to

determine whether the verdict can stand.

B

Next, Warger contends that excluding jury deliberations

evidence tending to show that a juror lied during voir dire

is unnecessary to fulfill Congress’ apparent objectives of

encouraging full and open debate in the jury room and

preventing the harassment of former jurors. He observes

that jurors remain free to, and may sometimes be forced

to, disclose what happened in the jury room, and that

ethical rules limit the ability of parties to harass jurors

following trial. But these are arguments against Rule

606(b) generally, not arguments for the particular excep-

tion to the Rule that Warger seeks. Congress’ enactment

of Rule 606(b) was premised on the concerns that the use

of deliberations evidence to challenge verdicts would

represent a threat to both jurors and finality in those

circumstances not covered by the Rule’s express excep-

tions. Warger cannot escape the scope of the Rule Con-

gress adopted simply by asserting that its concerns were

misplaced.

C

Nor do we accept Warger’s contention that we must

adopt his interpretation of Rule 606(b) so as to avoid

constitutional concerns. The Constitution guarantees both

criminal and civil litigants a right to an impartial jury.

See, e.g., Sheppard v. Maxwell, 384 U. S. 333, 362 (1966);

Thiel v. Southern Pacific Co., 328 U. S. 217, 220 (1946).

And we have made clear that voir dire can be an essential

means of protecting this right. See, e.g., Turner v. Mur-

ray, 476 U. S. 28, 36 (1986) (plurality opinion); Ham v.

10 WARGER v. SHAUERS

Opinion of the Court

South Carolina, 409 U. S. 524, 527 (1973). These princi-

ples, Warger asserts, require that parties be allowed to

use evidence of deliberations to demonstrate that a juror

lied during voir dire.

Given the clarity of both the text and history of Rule

606(b), however, the canon of constitutional avoidance has

no role to play here. The canon “is a tool for choosing

between competing plausible interpretations” of a provi-

sion. Clark v. Suarez-Martinez, 543 U. S. 371, 381 (2005).

It “has no application in the absence of . . . ambiguity.”

United States v. Oakland Cannabis Buyers’ Cooperative,

532 U. S. 483, 494 (2001). We see none here.

Moreover, any claim that Rule 606(b) is unconstitutional

in circumstances such as these is foreclosed by our deci-

sion in Tanner. In Tanner, we concluded that Rule 606(b)

precluded a criminal defendant from introducing evidence

that multiple jurors had been intoxicated during trial,

rejecting the contention that this exclusion violated the

defendant’s Sixth Amendment right to “ ‘a tribunal both

impartial and mentally competent to afford a hearing.’ ”

483 U. S., at 126 (quoting Jordan v. Massachusetts, 225

U. S. 167, 176 (1912)). We reasoned that the defendant’s

right to an unimpaired jury was sufficiently protected by

voir dire, the observations of court and counsel during

trial, and the potential use of “nonjuror evidence” of mis-

conduct. 483 U. S., at 127. Similarly here, a party’s right

to an impartial jury remains protected despite Rule

606(b)’s removal of one means of ensuring that jurors are

unbiased. Even if jurors lie in voir dire in a way that

conceals bias, juror impartiality is adequately assured

by the parties’ ability to bring to the court’s attention

any evidence of bias before the verdict is rendered, and

to employ nonjuror evidence even after the verdict is

rendered.3

——————

3 There may be cases of juror bias so extreme that, almost by defini-

Cite as: 574 U. S. ____ (2014)

11

Opinion of the Court

IV

We further hold, consonant with the Eighth Circuit,

that the affidavit Warger sought to introduce was not

admissible under Rule 606(b)(2)(A)’s exception for evi-

dence as to whether “extraneous prejudicial information

was improperly brought to the jury’s attention.”

Generally speaking, information is deemed “extraneous”

if it derives from a source “external” to the jury. See

Tanner, 483 U. S., at 117. “External” matters include

publicity and information related specifically to the case

the jurors are meant to decide, while “internal” matters

include the general body of experiences that jurors are

understood to bring with them to the jury room. See id.,

at 117–119; 27 C. Wright & V. Gold, Federal Practice and

Procedure: Evidence §6075, pp. 520–521 (2d ed. 2007).

Here, the excluded affidavit falls on the “internal” side of

the line: Whipple’s daughter’s accident may well have

informed her general views about negligence liability for

car crashes, but it did not provide either her or the rest of

the jury with any specific knowledge regarding Shauers’

collision with Warger.

Indeed, Warger does not argue that Whipple’s state-

ments related to “extraneous” information in this sense.

Instead, he contends that because Whipple would have

been disqualified from the jury had she disclosed her

daughter’s accident, any information she shared with the

other jurors was extraneous.

We cannot agree that whenever a juror should have

been excluded from the jury, anything that juror says is

necessarily “extraneous” within the meaning of Rule

606(b)(2)(A). Were that correct, parties would find it quite

——————

tion, the jury trial right has been abridged. If and when such a case

arises, the Court can consider whether the usual safeguards are or are

not sufficient to protect the integrity of the process. We need not

consider the question, however, for those facts are not presented here.

12 WARGER v. SHAUERS

Opinion of the Court

easy to avoid Rule 606(b)’s limitations. As discussed

above, Congress adopted the restrictive version of the anti-

impeachment rule, one that common-law courts had con-

cluded precludes parties from using deliberations evidence

to prove juror dishonesty during voir dire. But if Warger’s

understanding of the “extraneous” information exception

were accepted, then any time a party could use such evi-

dence to show that a juror’s “correct response [during

voir dire] would have provided a valid basis for a chal-

lenge”—a prerequisite for relief under McDonough, 464

U. S., at 556—all evidence of what that juror said during

deliberations would be admissible. The “extraneous”

information exception would swallow much of the rest of

Rule 606(b).

Even if such a result were not precluded by Congress’

apparent intent to adopt the restrictive federal approach,

it is foreclosed by Tanner, which relied upon the doctrine

that “treat[s] allegations of the physical or mental incom-

petence of a juror as ‘internal’ rather than ‘external’ mat-

ters.” 483 U. S., at 118. Tanner cited, in particular, cases

holding that evidence of jurors’ insanity, inability to un-

derstand English, and hearing impairments are all “inter-

nal” matters subject to exclusion under Rule 606(b). Id.,

at 119. Were we to follow Warger’s understanding of the

“extraneous information” exception, all these cases, includ-

ing Tanner, would have been wrongly decided: If the ju-

rors were not able to serve on the jury in the first place, or

should have been dismissed for their misconduct during

the trial, then what they said or did during deliberations

would necessarily be “extraneous” and admissible. Tan-

ner’s implicit rejection of this view easily extends from the

sort of juror incompetence considered in that case to the

alleged bias considered here. Whether a juror would have

been struck from the jury because of incompetence or bias,

the mere fact that a juror would have been struck does not

make admissible evidence regarding that juror’s conduct

Cite as: 574 U. S. ____ (2014) 13

Opinion of the Court

and statements during deliberations.

For the foregoing reasons, the judgment of the United

States Court of Appeals for the Eighth Circuit is affirmed.

It is so ordered.