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Case 22-1426, Document 79, 06/29/2023, 3536060, Page72 of 93

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C. Discussion

Judge Nathan conducted a thorough inquiry and determined that Juror 50’s inadvertent errors on the jury questionnaire did not undermine Maxwell’s right to a fair trial. Maxwell does not meaningfully engage with Judge Nathan’s careful opinion, instead suggesting that Juror 50’s testimony at the hearing was “patently absurd.” (Br.63). These conclusory arguments fall far short of establishing that Judge Nathan abused her discretion in finding that this case does not present the extraordinary circumstances that justify overturning a jury’s verdict based on an error during voir dire.

Maxwell’s claim fails at the first step of McDonough because Juror 50’s errors were inadvertent. Juror 50 testified as much at the hearing, providing a detailed narrative of why his errors were a failure of diligence as he rushed through the questionnaire while distracted. (A.333-34). Judge Nathan credited this explanation in light of his demeanor, which she “closely observe[d]” as he testified, including during his answers to questions “he appeared not to expect.” (A.333). She explained that his answers were “logical explanations and generally internally consistent,” given in a “calm and straightforward manner.” (Id.). Juror 50’s explanations were consistent with “his sworn statements months earlier at oral voir dire” and his testimony that “his sexual abuse history was not salient or [a] front-of mind consideration.” (Id.). Judge Nathan also noted that Juror 50’s answers aligned with his incentives: by testifying under a grant of immunity, he could not be prosecuted for his false answers on the questionnaire, but he could be

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