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Extracted Text (OCR)
Case 22-1426, Document 79, 06/29/2023, 3536060, Page/0 of 93
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Power Equip., Inc. v. Greenwood, 464 U.S. 548, 556
(1984). Second, the party must show “that a correct re-
sponse would have provided a valid basis for a chal-
lenge for cause.” Id. To satisfy this prong, a court must
determine whether, if the juror had answered truth-
fully, it would have granted a hypothetical strike for
cause. United States v. Stewart, 433 F.3d 273, 304 (2d
Cir. 2006).
A party may challenge a juror for cause based only
on “narrowly specified, provable and legally cognizable
bases.” United States v. Torres, 128 F.3d 38, 43 (2d Cir.
1997). In the context of voir dire, challenges for cause
generally fall into one of three “limited” categories: ac-
tual bias, implied bias, or inferable bias. Jd. “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.” Jd. Implied bias, also called
“presumed bias,” is “bias conclusively presumed as a
matter of law.” Id. at 45. This Court has emphasized
that this category is “narrow,” and “reserved for ‘ex-
ceptional situations,” generally meaning circum-
stances in which jurors “are related to the parties” or
“were victims of the alleged crime itself.” Id. at 45-46.
Finally, “[b]ias may be inferred when a juror discloses
a fact that bespeaks a risk of partiality sufficiently sig-
nificant to warrant granting the trial judge discretion
to excuse the juror for cause, but not so great as to
make mandatory a presumption of bias.” Id. at 46-47.
Where there are concrete allegations of juror mis-
conduct, a court may conduct a post-verdict hearing.
See United States v. Baker, 899 F.3d 123, 130 (2d Cir.
2018). The inquiry “should be limited to only what is
DOJ-OGR-00021717
Extracted Information
Dates
Document Details
| Filename | DOJ-OGR-00021717.jpg |
| File Size | 679.4 KB |
| OCR Confidence | 94.3% |
| Has Readable Text | Yes |
| Text Length | 1,797 characters |
| Indexed | 2026-02-03 20:16:22.326035 |