context: Applying the Remmer-Console analytical framework to this case does not change the outcome. Since the presumption of prejudice is effectively rebutted by a juror's credible profession of impartiality, and the court so found in this case, the contact between Zauzmer and Simon was necessarily harmless.
citation_a.signal: see also
citation_a.identifier: 573 F.2d 827, 832
citation_a.parenthetical: finding presumption of prejudice rebutted where a juror who learned that a dismissed juror had been contacted by an investigator for defendant had "emphatically" stated she was not prejudiced against the defendants as a result of her knowledge of the call
citation_a.sentence: See Console, 13 F.3d at 667-69 (finding that the district court had not abused its discretion in finding that defendant was not prejudiced by legal advice given to a juror by her attorney sister-in-law about the case, which the juror imparted to other jurors, because a voir dire of the jurors revealed that the jurors paid no attention to the comment); see also United Stated v. Boseia, 573 F.2d 827, 832 (3d Cir.1978) (finding presumption of prejudice rebutted where a juror who learned that a dismissed juror had been contacted by an investigator for defendant had “emphatically” stated she was not prejudiced against the defendants as a result of her knowledge of the call).
citation_b.signal: see
citation_b.identifier: 13 F.3d 667, 667-69
citation_b.parenthetical: finding that the district court had not abused its discretion in finding that defendant was not prejudiced by legal advice given to a juror by her attorney sister-in-law about the case, which the juror imparted to other jurors, because a voir dire of the jurors revealed that the jurors paid no attention to the comment
citation_b.sentence: See Console, 13 F.3d at 667-69 (finding that the district court had not abused its discretion in finding that defendant was not prejudiced by legal advice given to a juror by her attorney sister-in-law about the case, which the juror imparted to other jurors, because a voir dire of the jurors revealed that the jurors paid no attention to the comment); see also United Stated v. Boseia, 573 F.2d 827, 832 (3d Cir.1978) (finding presumption of prejudice rebutted where a juror who learned that a dismissed juror had been contacted by an investigator for defendant had “emphatically” stated she was not prejudiced against the defendants as a result of her knowledge of the call).