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638 KB
Extraction Summary
6
People
2
Organizations
0
Locations
2
Events
2
Relationships
8
Quotes
Document Information
Type:
Legal document
File Size:
638 KB
Summary
This legal document is a court's analysis regarding a claim of 'actual bias' against Juror 50. The Court finds Juror 50's sworn testimony to be credible, concluding that his personal history of sexual abuse would not impede his ability to be a fair and impartial juror. The Court rejects the Defendant's (Maxwell's) argument that the juror's assurances were 'self-serving', citing the juror's consistent and forthright demeanor during both a hearing and voir dire.
People (6)
| Name | Role | Context |
|---|---|---|
| Juror 50 | Juror |
The subject of the court's analysis regarding potential actual bias due to a personal history of sexual abuse.
|
| Maxwell | Defendant |
Mentioned as the Defendant who dismisses Juror 50's responses as "self-serving" in the "Maxwell Post-Hearing Br. at 7."
|
| Torres |
Cited in a legal precedent case, Torres, 128 F.3d at 43, to define "actual bias".
|
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| Haynes |
Cited in a legal precedent case, United States v. Haynes, 398 F.2d 980, 984 (2d Cir. 1968).
|
|
| Wainwright |
Cited in a legal precedent case, Wainwright v. Witt, 469 U.S. 412, 428 (1985).
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| Witt |
Cited in a legal precedent case, Wainwright v. Witt, 469 U.S. 412, 428 (1985).
|
Organizations (2)
| Name | Type | Context |
|---|---|---|
| The Court | government agency |
The entity making the findings and rulings in the document, finding Juror 50's testimony to be credible.
|
| The Government | government agency |
A party in the case, against whom Juror 50 testified he did not harbor any bias.
|
Key Quotes (8)
"Actual bias is ‘bias in fact’—the existence of a state of mind that leads to an inference that the person will not act with entire impartiality."Source
— Torres (cited by the Court)
(Legal definition of actual bias from a precedent case.)
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Quote #1
"based upon determinations of demeanor and credibility."Source
— Wainwright v. Witt (quoted by the Court)
(The basis for a finding of partiality, cited from a precedent case.)
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Quote #2
"in any way."Source
— Juror 50
(Juror 50's testimony that his personal history of sexual abuse would not affect his ability to serve as a fair juror.)
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Quote #3
"absolutely in no way"Source
— Juror 50
(Juror 50's testimony that his experience would not interfere with his ability to assess the credibility of witnesses alleging sexual abuse.)
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Quote #4
"thumb on the scale in any direction."Source
— Juror 50
(Describing his intention not to favor either the Defendant or the Government.)
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Quote #5
"no doubt"Source
— Juror 50
(Juror 50's declaration about his ability to be fair to both sides.)
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Quote #6
"self-serving."Source
— Defendant (Maxwell)
(The Defendant's characterization of Juror 50's responses about his impartiality.)
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Quote #7
"absolutely"Source
— Juror 50
(Juror 50's testimony that he could decide the case based on the evidence presented.)
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Quote #8
Full Extracted Text
Complete text extracted from the document (2,202 characters)
Case 22-1426, Document 58, 02/28/2023, 3475901, Page141 of 221
A-341
Case 1:20-cr-00330-AJN Document 653 Filed 04/01/22 Page 24 of 40
A-341
Case 1:20-cr-00330-AJN Document 653 Filed 04/01/22 Page 24 of 40
1. Actual Bias
“Actual bias is ‘bias in fact’—the existence of a state of mind that leads to an inference that the person will not act with entire impartiality.” Torres, 128 F.3d at 43. A court may find a juror to be partial because the juror admits as much, or based on the juror’s other voir dire answers. Id. (citing United States v. Haynes, 398 F.2d 980, 984 (2d Cir. 1968)). This finding is “based upon determinations of demeanor and credibility.” Id. at 44 (quoting Wainwright v. Witt, 469 U.S. 412, 428 (1985)).
The record does not support a finding that Juror 50 was actually biased. As explained above, the Court finds Juror 50’s sworn testimony to be credible overall. He was responsive and forthright, and his demeanor evinced that he answered the Court’s questions truthfully. He repeatedly and credibly affirmed that his personal history of sexual abuse would not affect his ability to serve as a fair and impartial juror “in any way.” Hearing Tr. at 25; see also id. at 9, 10, 13. He testified that there was “absolutely in no way” anything about his experience that would interfere with his “ability to assess the credibility of witnesses alleging sexual abuse,” and that he would be able to conclude such a witness was not testifying truthfully if that was what the evidence suggested. Id. at 26. He testified that he did not harbor any bias against the Defendant nor any bias in favor of the Government. Indeed, he did not want to put his “thumb on the scale in any direction.” Id. He declared that he had “no doubt” as to his ability to be fair to both sides. Id. at 27. As noted above, the Defendant dismisses these responses as “self-serving.” Maxwell Post-Hearing Br. at 7. The Court disagrees; it finds each of these responses to be credible.
Moreover, Juror 50’s hearing testimony is corroborated by his answers during voir dire. Without hesitation, he declared that he would follow the Court’s instructions on the law, he “absolutely” could decide the case based on the evidence or lack of evidence presented in court,
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DOJ-OGR-00020967
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