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Case 22-1426, Document 79, 06/29/2023, 3536060, Page68 of 93

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and therefore was not asked any questions about sex- ual abuse. At the hearing, Judge Nathan examined Ju- ror 50 in detail, and Juror 50 emphasized that his ex- periences did not affect his ability to be fair and impar- tial, his ability to fairly assess the credibility of victim- witnesses, or his ability to impartially judge Maxwell’s guilt. (A.268, 270, 276-77).

4. The District Court’s Decision

Judge Nathan denied Maxwell’s motion for a new trial in a detailed written opinion. (A.318). First, Judge Nathan concluded that Juror 50’s answers were not deliberately inaccurate, crediting Juror 50’s testi- mony in light of his demeanor and consistent, logical answers to her questions. (A.333-35). Second, Judge Nathan concluded that she would not have granted a for-cause challenge to Juror 50 had he provided accu- rate information. At the hearing, Judge Nathan asked Juror 50 the questions she asked other jurors who in- dicated a personal experience with sexual assault or abuse. She concluded that “Juror 50’s credible re- sponses [to those questions] under oath at the hearing established that he would not have been struck for cause if he had provided accurate responses to the questionnaire.” (A.340). As Judge Nathan explained, other jurors who answered the questions similarly were not even challenged for cause, and she would not have granted a challenge had one been made. (A.344- 45). She also rejected the notion that mere similarities between Juror 50’s life experiences and the issues at trial required her to excuse Juror 50 for cause. (A.346).

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