Page 16 - The People of the State of New York v. M. Robert Neulander - Brief for Amicus Curiae in Support of Defendant-Respondent

of

matter of

search during trial (
is expected to provide.

law, unfit to serve.

See,
then lies about them, this level of
464 U.S. at 555 (emphasis added).
something closer to perfection than ·

subpoena duces tecum for her cell phone.
juror who "has engaged in misconduct of
11
deliberate dishonesty sabotaged the kind of

as Thoroughly Mendacious as Juror 12
B. A New Trial Is Required as a Matter of

indicator that she was not impartial and should not have served.
a substantial nature").
about those extrajudicial contacts, is plainly unfit to have served
criminal trial that our

Her post-trial wrongdoing only
Law When a Juror is
e.g., CPL § 270.35 (requiring dismissal of
When a juror lies about a material issue during voir dire, or engages in
deleting her entire browsing history, and resisting the trial court's issuance of
a
confirmed her fundamental dishonesty, which, as McDonough held, is the best
a
Juror 12 compounded her improper conduct during the trial with her perjurious
dishonesty demonstrates that the juror is, as a
See also Dyer v.
our judicial system can be expected to give."
and likely more), and who baldly lies to the court in chambers
times about the case with non-jurors, and performs at least one prohibited internet
A juror who disobeys the court's instructions by communicating successive
post-trial affidavit and her attempts to obstruct justice by selectively deleting texts,
In addition, here,
prejudicial extrajudicial communications about the case during a criminal trial, and
judicial system
In this case, in contrast, Juror 12's multiple acts