DOJ-OGR-00021071.jpg
Extracted Text (OCR)
Case 22-1426, Document 59, 02/28/2023, 3475902, Page24 of 113
And even if it were, the Government cannot apply the 2003 amendment to §3283
to offenses that the Government alleges were committed before the enactment of
this provision. See Landgraf v. USI Film Prod., 511 U.S. 244 (1994). Rather, such
offenses could only have been governed by the 1994 version of §3283, pursuant to
which the statute of limitations expired once Defendant’s accusers turned 25 and
Defendant’s accusers were all women above the age of 25 when the Government
charged her in 2020. As to §1591, Landgraf precludes retroactive application of
either §3283 or §3299.
3. In a trial about child sexual abuse, a juror’s material misstatements on a
juror Questionnaire, which allowed him to conceal the fact that he was a victim of
child sexual abuse, and his post-verdict public statements about the effect of that
traumatic experience on his participation as a juror in this case, satisfied the two
prong test under McDonough Power Equipment, Inc. v. Greenwood, 464 U.S. 548
(1984), namely, that the juror failed to answer honestly material questions in voir
dire and that correct responses would have provided a valid basis for a challenge
for cause. Irrespective of whether the juror’s false statements were intentional,
which they clearly were, the similarities between the traumatic experiences
described by the juror and the victims in the case, together with the juror’s public
statements, established the juror’s bias. In addition, the court unfairly limited the
scope of the hearing.
DOJ-OGR-00021071
Extracted Information
Dates
Document Details
| Filename | DOJ-OGR-00021071.jpg |
| File Size | 668.2 KB |
| OCR Confidence | 95.1% |
| Has Readable Text | Yes |
| Text Length | 1,585 characters |
| Indexed | 2026-02-03 20:06:53.914337 |