Page 11 - The People of the State of New York v. M. Robert Neulander - Brief for Amicus Curiae in Support of Defendant-Respondent

...
below.

A.
criminal case.

entirely free of

purpose is obvious."

at 556 (emphasis added). 3
the taint of
impartial jury, and hence of
includes '"an impartial jury."'
impartial jury through Juror 12
question] is the best indicator of

a fair trial.
People v.
truthful answers by prospective jurors if
Greenwood, 464 U.S. 548 (1984), one of
6
in concurrence, "the honesty or dishonesty of
Flintkote Co., 7 N.J. 55, 61, 80 A.2d 302,305 (1951)).
Id. at 554 (emphasis added).
The courts have long recognized that honest
In this case, Mr. Neulander was deprived of
's cumulative acts of
Whether She Was an Impartial Juror

guarantees both criminal and civil litigants a right to an impartial jury.").
(quoting Strickland v. Washington, 466 U.S. 668, 684 (1984)). 2

A Juror's Honesty is the Most Relevant Barometer of
In McDonough Power Equip. v.
whether the juror in fact was impartial."
2 See also Sengupta v. Saint Barnabus Medical Center, Dkt No. A-2334-15T4, 2018 WL
[the voir dire] process is to serve its
misconduct, as discussed
jurors are a cornerstone of
a juror's response [to a voir dire
his right to a fair trial by an
extraneous considerations and principles'") (quoting Panko v.
Henriquez, 3 N.Y.3d 210,214 (2004)
3 While McDonough was a civil case, the same constitutional principles apply, a fortiori, in a
the Supreme Court's preeminent cases
an
Indeed, the need for
Or as Justice Black:mun stated
regarding juror misconduct, the Court stated emphatically that "[t]he necessity of
See also Burton v. Johnson, 948 F.2d 1150, 1159 (10th
464 U.S.
See Warger v. Shauers, _U.S._, 135 S. Ct. 521, 528 (2014) ("The Constitution
4373097, at *4 (N.J. Super. Sept. 14, 2018) ('"on elementary principles [ajury's] verdict must be