DOJ-OGR-00021721.jpg
Extracted Text (OCR)
Case 22-1426, Document 79, 06/29/2023, 3536060, Page74 of 93
61
2021) (holding that district court “properly recognized
that the initial question to be explored is whether the
juror’s nondisclosure was deliberate or inadvertent”),
vacated on other grounds, 142 S. Ct. 28638 (2022), rein-
stated, 58 F.4th 72, 75 (2d Cir. 2023).
Maxwell’s claim also fails at the second step of
McDonough. The hearing established that Juror 50
harbored no bias, approached his jury service with an
open mind, and was committed to deciding the case
based on the evidence and the District Court’s legal in-
structions. As Judge Nathan found, “Juror 50’s credi-
ble responses [to questions asked of all jurors who in-
dicated prior personal experience with sexual abuse]
under oath at the hearing established that he would
not have been struck for cause if he had provided ac-
curate responses to the questionnaire.” (A.340). If Ju-
ror 50 had accurately answered the questions relating
to sexual abuse in the questionnaire, Judge Nathan
would have asked Juror 50 follow-up questions during
voir dire to determine if it would have granted a chal-
lenge for cause. Judge Nathan asked those questions
at the hearing, and Juror 50’s sworn responses made
clear that he was a fair and impartial juror who did
not harbor any bias and who would not have been ex-
cused for cause.
Nor was Juror 50 the subject of any bias, actual,
implied, or inferred. After assessing Juror 50’s de-
meanor, Judge Nathan found that 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’” (A.341-42), belying any
suggestion that he was actually biased against
DOJ-OGR-00021721
Extracted Information
Dates
Document Details
| Filename | DOJ-OGR-00021721.jpg |
| File Size | 680.5 KB |
| OCR Confidence | 94.7% |
| Has Readable Text | Yes |
| Text Length | 1,740 characters |
| Indexed | 2026-02-03 20:16:27.197021 |