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593 KB
Extraction Summary
5
People
2
Organizations
1
Locations
2
Events
3
Relationships
3
Quotes
Document Information
Type:
Legal document
File Size:
593 KB
Summary
This page from a legal document, dated February 28, 2023, argues for a new trial based on the misconduct of 'Juror 50'. It alleges the juror harbored bias and gave untruthful answers during jury selection (voir dire). The document outlines the applicable law, citing the Supreme Court's two-part test from McDonough v. Greenwood for when a juror's false answers warrant a new trial.
People (5)
| Name | Role | Context |
|---|---|---|
| Juror 50 | Juror |
Mentioned as having harbored actual bias and given untruthful answers during jury selection.
|
| Greenwood | Party in a lawsuit |
Party in the case McDonough Power Equipment, Inc. v. Greenwood.
|
| Fulminante | Party in a lawsuit |
Party in the case Arizona v. Fulminante.
|
| Rivas | Party in a lawsuit |
Party in the case Rivas v. Brattesani.
|
| Brattesani | Party in a lawsuit |
Party in the case Rivas v. Brattesani.
|
Organizations (2)
| Name | Type | Context |
|---|---|---|
| McDonough Power Equipment, Inc. | company |
Party in the case McDonough Power Equipment, Inc. v. Greenwood.
|
| Supreme Court | government agency |
Mentioned as establishing the test for analyzing a motion for a new trial when a juror gives false answers.
|
Locations (1)
| Location | Context |
|---|---|
|
Mentioned in the case name Arizona v. Fulminante.
|
Relationships (3)
Cited in the case McDonough Power Equipment, Inc. v. Greenwood.
Cited in the case Arizona v. Fulminante.
Cited in the case Rivas v. Brattesani.
Key Quotes (3)
"When it is discovered that a juror gave false answers during voir dire, any motion for a new trial must first be analyzed under the Supreme Court’s test in McDonough Power Equity v. Greenwood, 464 U.S. 548 (1984)."Source
— The document, citing legal precedent
(Establishing the applicable law for handling juror dishonesty during voir dire.)
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Quote #1
"a juror failed to answer honestly a material question on voir dire."Source
— The document, quoting McDonough, 464 U.S. at 556
(The first part of the two-part test for ordering a new trial based on juror dishonesty.)
DOJ-OGR-00021126.jpg
Quote #2
"a correct response would have provided a valid basis for a challenge for cause."Source
— The document, quoting McDonough
(The second part of the two-part test for ordering a new trial based on juror dishonesty.)
DOJ-OGR-00021126.jpg
Quote #3
Full Extracted Text
Complete text extracted from the document (1,373 characters)
Case 22-1426, Document 59, 02/28/2023, 3475902, Page79 of 113
Court decision, McDonough Power Equipment, Inc. v. Greenwood, 464 U.S. 548, 104 S. Ct. 845 (1984).
In any event, there was ample evidence establishing that Juror 50 harbored actual bias and that the similarities of his child sexual abuse to the case supported a finding of implied and inferred bias at the time of jury selection such that, had Juror 50 given truthful answers at the time of jury selection, Defendant would have interposed a valid challenge for cause. A new trial must be ordered.
B. Applicable Law
“When it is discovered that a juror gave false answers during voir dire, any motion for a new trial must first be analyzed under the Supreme Court’s test in McDonough Power Equity v. Greenwood, 464 U.S. 548 (1984). Under a two-part test, a party must show that “a juror failed to answer honestly a material question on voir dire.” McDonough, 464 U.S. at 556. Second, the party must show that “a correct response would have provided a valid basis for a challenge for cause.” Id. Moreover, a new trial can be ordered without a finding of actual prejudice. Arizona v. Fulminante, 499 U.S. 279, 307-10 (1991). The standard of review for a district court’s denial of a motion for a new trial is abuse of discretion. See, Rivas v. Brattesani, 94 F.3d 802, 807 (2d. Cir. 1996).
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DOJ-OGR-00021126
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