Appeal from the United States District Court
for the Northern District of Ohio at Cleveland.
No. 1:15-cr-00335-2—Benita Y. Pearson, District Judge.
Argued: December 7, 2017
Decided and Filed: February 5, 2018
Before: SILER, WHITE, and THAPAR, Circuit Judges.
SILER, Circuit Judge. Talman Harris appeals his criminal convictions and sentences,
arguing that the district court erred by: (1) barring Harris from impeaching a government
witness; (2) admitting government summary evidence; (3) giving an inaccurate jury instruction
with regard to a stockbroker’s fiduciary duties; and (4) failing to investigate potential extraneous
influence on a juror.
Because the district court abused its discretion by not allowing Harris to introduce a prior
inconsistent statement for impeachment purposes, we reverse Harris’s conviction for obstruction
of justice and remand for a new trial on that count. The district court did not, however, err in
admitting the summary exhibits and in rendering the fiduciary-duty jury instruction, so we affirm
the district court’s rulings on Harris’s second and third assignments of error. Finally, because
Harris presented a colorable claim of extraneous influence on a juror, we conclude that the
district court abused its discretion by failing to hold an evidentiary hearing pursuant to Remmer
v. United States, 347 U.S. 227 (1954), or by denying defense counsel’s request to question the
juror and his friend. Thus, we vacate the judgment of the district court and remand for a Remmer