Warger v. Shauers

Brief of the National Association of Criminal Defense Lawyers as Amicus Curiae in Support of Petitioner.

Brief filed: 06/03/2014


Warger v. Shauers

United States Supreme Court; Case No. 13-517

Prior Decision

Decision below 721 F.3d 606 (8th Cir. 2013).


Racial, ethnic and religious bias among jurors remains a serious problem in criminal cases. The canon of constitutional avoidance requires admitting evidence under Rule 606(b) that tends to prove a litigant did not receive a fair trial. Rule 606(b) implicates core constitutional concerns in the criminal context. This Court should consider criminal-specific constitutional concerns in construing Rule 606(b).

Featured Products


Jeffrey T. Green, Washington, DC; Lisa Blatt and Bob Wood, Arnold & Porter LLP, Washington, DC; R. Reeves Anderson, Arnold & Porter LLP, Denver CO.