The Defendant was convicted of Bank Robbery. A juror notified counsel after the verdict that racist comments had been made by other jurors pertaning to the Defendant's nationality and perceived immigration status. Intitially on a motion for new trial the court determined that FRE 606 prohibited extensive voir dire of the jury panel. On appeal the First Circuit determined tha the Defendant's consttutional right to an impartial jury trumped Rule 606 and remanded. During the remand the trial judge asked th parties to brief whether therror could ever be harmless. This brief addresses that issue.
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