Whether the state is still required to bear the burden at a Remmer hearing when the issue is litigated in the context of a habeas corpus petition, where a petitioner must establish prejudice

QUESTION PRESENTED FOR REVIEW In Remmer v. United States, 347 U.S. 227 (1954), the United States Supreme Court held that when extraneous information enters into a jury’s deliberations, the state is required to establish a defendant was not prejudiced. This petition presents the question of whether the state is still required to bear the burden at a Remmer hearing when the issue is litigated in the context of a habeas corpus petition, where a petitioner must establish prejudice, and is necessary to resolve a split in the circuits. ii