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Pena-Rodriguez v. Colorado, No. 15-606 (U.S. Supreme Court) (580 U.S. ___; 137 S.Ct. 855) (March 6, 2017) (Justice Kennedy)

In this somewhat contentious 5-3 decision, the Supreme Court carved out a racial bias exception into the so-called “no-impeachment” rule - the ago-old rule that a jury verdict cannot be questioned based on testimony by jurors about their deliberations. More specifically, the majority ruled that “where a juror makes a ...

 

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