Robert D. Walsh v. State of Tennessee

Case Number
W2003-02040-SC-R11-PC

This case comes before us on appeal from a denial of post-conviction relief. The petitioner sought relief from his conviction for aggravated sexual battery, raising several claims including that he was denied his right to a fair and impartial jury trial because of an improper communication by a court officer to the jury during deliberations. During the hearing on the post-conviction petition, the court heard testimony from a juror regarding the content of the communication and also the subjective effect of the officer’s statement upon the juror. At the close of the hearing, the trial court found that the improper communication had not influenced the verdict and therefore denied the petition for post-conviction relief. Upon review, the Court of Criminal Appeals affirmed. In this Court, the petitioner challenges admission of the juror’s testimony relating to the effect of the court officer’s statement on the juror. After thorough consideration, we reverse the Court of Criminal Appeals.

We hold that Tennessee Rule of Evidence 606(b) prohibits introduction of juror testimony concerning the effect on the juror of an improper communication by a court officer during jury deliberations.

Authoring Judge
Justice William M. Barker
Originating Judge
Judge Arthur T. Bennett
Case Name
Robert D. Walsh v. State of Tennessee
Date Filed
Dissent or Concur
No
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