In a post-conviction proceeding challenging a criminal conviction, two jurors testified that one or more jurors had made statements, during deliberations, that the defendant (petitioner herein) had previously committed or been charged with murder but had managed to escape legal consequences. No evidence of such prior acts was presented at trial, and the allegations were false. Although the trial court found that one or more of these statements had been made and heard by jurors, it denied relief on the ground that the error was harmless because discussion on the subject had been "shut down," and because six jurors testified that they had not heard the extraneous information. The appellate court affirmed, holding that the defendant had not been prejudiced by the statements. Thus, the principal question presented is: Where deliberating jurors receive external information that a criminal defendant had committed prior bad acts, does the dissemination of such information to jurors necessarily violate his Sixth Amendment right to trial by an unbiased jury, or may the receipt of such information be excused as "harmless error"?

A secondary question presented is: Where courts violate Federal Rule of Evidence 606(b)'s provision barring evidence relating to the effect of external influences on the mental processes of jury members, can such evidence still be considered by the court in making its determination as to whether the defendant was prejudiced?

Where deliberating jurors receive external information that a criminal defendant had committed prior bad acts, does the dissemination of such information to jurors necessarily violate his Sixth Amendment right to trial by an unbiased jury, or may the receipt of such information be excused as 'harmless error'?