United States v. Lanier, No. 16-6655 (6th Cir. 2017)
Annotate this CaseThe Laniers were involved in a scheme fraudulently to obtain government contracts reserved for businesses owned by socially and economically disadvantaged individuals or by service-disabled veterans. During deliberations at their trial, a juror contacted assistant district attorney Nelson—a social acquaintance and a state prosecutor not involved with the Laniers's federal case. Nelson called the district court and told the judge that Juror 11 called her and said that there was a “problem” with the deliberations. According to the district judge’s account, Nelson told Juror 11 that they could not discuss deliberations and that Juror 11 should alert the judge. No juror alerted court personnel to problems with the deliberations. The court officer reported that the jury was “clearly divided ... and they’re angry with each other.” The jury convicted the Laniers of conspiracy to commit wire fraud; wire fraud; and major fraud against the U.S. Defendants unsuccessfully requested to interview the jurors and moved for a mistrial, stating that the jury had been at an impasse but then returned a verdict after a juror contacted a third party. No one ever interviewed Juror 11 about the telephone call nor interviewed any other juror about whether Juror 11 discussed the call with other jurors. Although the district court talked by phone with Nelson and counsel interviewed her after the trial, no one questioned Nelson in open court or under oath. The Sixth Circuit vacated and remanded for a Remmer hearing.
The court issued a subsequent related opinion or order on September 6, 2018.
The court issued a subsequent related opinion or order on February 11, 2021.
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