Page 13 - The People of the State of New York v. M. Robert Neulander - Brief for Amicus Curiae in Support of Defendant-Respondent

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added).
(1983)).

honest convictions."
trial, to determine if
"improper conduct ...

or here, whether she was -

and her one confirmed internet search of
8
misconduct in this case was retrospective -
The fact that voir dire is prospective -
an impartial juror.
Neulander's case solely on the evidence before her.

inquiring if
a news website (
determining if
the evidence," CPL§ 270.20(1)(b)-while the examination of
juror's honesty or dishonesty is the most relevant barometer of
defendant," CPL§ 330.30(2)-does not alter the required result.

which may have affected a substantial right of
purpose to voir dire, i.e., to ensure that there was "an impartial trier of
Juror 12's
the
and likely more),
McDonough, 464 U.S. at 554 (quoting Smith v. Phillips, 455 U.S. 209,217
fact -
demonstrated that she palpably was not "capable and willing" to decide Mr.
jury capable and willing to decide the case solely on the evidence before it."'
People v. Spragion, 288 A.D.2d 498,498 (2d Dep't 2001) (emphasis
she had engaged in
a juror "has a state of
'a
the juror was subject to outside influences, serves a similar
In this case, Juror 12's multiple texts with third parties during the trial,
Put another way, a post-verdict hearing regarding a juror's conduct during
In either case, a
mind that is likely to preclude him from rendering an impartial verdict based upon
whether she will be