Event Details
January 01, 1977
Description
The Supreme Court's decision in Marks v. United States, 430 U.S. 188, 193 (1977), regarding how to determine a court's holding from fragmented opinions.
Participants (2)
| Name | Type | Mentions | |
|---|---|---|---|
| Stephen Marks | person | 6 | View Entity |
| United States | location | 4439 | View Entity |
Source Documents (1)
DOJ-OGR-00009135.jpg
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.
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