Judge Denis Hurley
Based on the Supreme Court’s 1954 and 1956 rulings in Remmer v. United States (Remmer I and Remmer II) and its 1984 decision in McDonough Power Equipment v. Greenwood, Morrison sought vacatur of his 2008 conviction for RICO conspiracy (Count Two) and unlawful possession of a firearm as a convicted felon (Count Eight). Relying on information provided by the government, he argued that jury foreman Anstead’s acceptance of a bribe—and the failure of Anstead and alternate juror Carruto to advise the court of the bribe offer—while trial was ongoing, constituted jury tampering. The court vacated Counts Two and Eight under the doctrine of implied bias consistent with the holding in Remmer II. The government did not demonstrate that the bribe offer and attendant circumstances did not affect the freedom of action of one or more jurors, and thus Morrison’s right to a fair trial. Although both counts were subject to retrial, the Fifth Amendment’s double jeopardy clause barred Morrison’s re-prosecution on the other counts. The bribe offered to Anstead as jury foreman disturbed and troubled him, impermissibly infringing on his duty to decide Morrison’s case on its merits free from “unauthorized intrusions purposely made.”
