DOJ-OGR-00009135.jpg
787 KB
Extraction Summary
5
People
5
Organizations
0
Locations
4
Events
1
Relationships
5
Quotes
Document Information
Type:
Legal document
File Size:
787 KB
Summary
This legal document discusses the standard for granting a new trial due to a juror's dishonest answer during voir dire. It cites the Second Circuit's application of the two-part test from the Supreme Court case *McDonough*, which requires showing both juror dishonesty and that a truthful answer would have provided grounds for a challenge for cause. The document refutes a defendant's argument by clarifying that the Second Circuit has rejected alternative interpretations and that the defendant's reliance on concurring opinions in *McDonough* is incorrect because a clear majority opinion exists.
People (5)
| Name | Role | Context |
|---|---|---|
| McDonough | Party in a legal case |
Mentioned as the namesake of a legal case (McDonough) that established a two-part test for granting a new trial based...
|
| Shaoul | Defendant in a legal case |
Mentioned as the defendant in a case (Shaoul) where the Second Circuit affirmed the denial of a new trial, applying t...
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| Langford | Party in a legal case |
Mentioned as the namesake of a legal case (United States v. Langford) whose reading was allegedly 'contorted' and 'in...
|
| Rehnquist | Justice |
Mentioned as the author of the Court's opinion in the McDonough case, which was joined by six other justices.
|
| Marks | Party in a legal case |
Mentioned as the namesake of a legal case (Marks v. United States) that provides a rule for determining a court's hol...
|
Organizations (5)
| Name | Type | Context |
|---|---|---|
| Second Circuit | government agency |
A U.S. Court of Appeals that held a two-part test applies for a new trial based on juror dishonesty, as discussed in ...
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| the Court | government agency |
Refers to the U.S. Supreme Court, whose holding in the McDonough case is being discussed.
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| Westlaw | company |
Mentioned in a footnote as a legal research site that may not always clearly list vote counts in court cases.
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| U.S. Reports | publication |
Mentioned in a footnote as the official publication for U.S. Supreme Court decisions, which indicates the vote count ...
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| DOJ | government agency |
Appears in the footer as part of a document identifier (DOJ-OGR-00009135), likely standing for Department of Justice.
|
Timeline (4 events)
Relationships (1)
Justice Rehnquist
→
professional
→
six other justices
Justice Rehnquist's opinion for the Court in McDonough was joined by six other justices, establishing it as the majority holding.
Key Quotes (5)
"Clearly, this is a two-part test."Source
— The Second Circuit
(Quoted from the Second Circuit's holding regarding the standard for a new trial based on juror dishonesty.)
DOJ-OGR-00009135.jpg
Quote #1
"in order to obtain a new trial, a defendant must show both that a juror gave a dishonest answer, and that the correct answer would have provided a basis for the defendant to challenge the juror for cause."Source
— The Second Circuit
(A specific quote from the Second Circuit explaining the two-part test from the McDonough case.)
DOJ-OGR-00009135.jpg
Quote #2
"a new trial is mandated when the correct disclosure would have sustained a challenge for cause, regardless of the juror’s honesty in failing to answer the question correctly."Source
— An unspecified party's argument
(An argument that was specifically rejected by the Second Circuit.)
DOJ-OGR-00009135.jpg
Quote #3
"contorted” and “incorrect” reading"Source
— The Second Circuit
(The Second Circuit's description of an argument relying on its prior decision in United States v. Langford.)
DOJ-OGR-00009135.jpg
Quote #4
"[w]hen a fragmented Court decides a case and no single rationale explaining the result enjoys the assent of five Justices"Source
— The Supreme Court in Marks v. United States
(A quote explaining the condition under which concurring opinions are used to determine a court's holding.)
DOJ-OGR-00009135.jpg
Quote #5
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