Elmer F. Remmer v. United States

In this case, a judgment of the District Court was affirmed by us on May 28, 1953. The Supreme Court granted certiorari and on March 8, 1954, vacated our decision and remanded the case to the District Court with directions to hold a hearing to determine whether an incident which occurred during the trial and was reported to the District Court by a juror was harmful to appellant, and if after hearing it was found to have been harmful, to grant a new trial.

Accordingly, the District Court (Judge Louis E. Goodman presiding) held a hearing, and Judge Goodman, on July 10, 1954, filed his opinion, findings and order, thereby finding and .determining that the incident was harmless to appellant. A certified copy of Judge Goodman’s opinion, finding and order having been transmitted to the clerk of the Supreme Court, and appellant having moved the Supreme Court for leave to file a petition for rehearing, the Supreme Court, on January 10, 1955, made the following order:

We have complied with the Supreme Court’s order and have concluded that our decision of May 28, 1953, and Judge Goodman’s findings and order were correct. The judgment affirmed by us on May 28, 1953, is, therefore, again…