Page 25 - The People of the State of New York v. M. Robert Neulander - Brief for Amicus Curiae in Support of Defendant-Respondent

F.3d 671
B.
"pattern of

those lies give rise.
Testimony
unqualified as a juror.
that bias be presumed.
he had a past conviction.
would evidence her lack of

The Presumption of
attempts to cover up that behavior.
parties, an internet search, and lies -
Where there is a presumption of
20

Thus, Juror 12's misconduct during trial-

lie that she had always followed the trial court's instructions.

was presumptively prejudicial.
R.2D.

Juror Bias That Arises From a Juror's
Dishonesty Cannot be Rebutted by the Juror's Own Tainted
impartiality and show her to have been grossly
communications with third
lies, inappropriate behavior, and attempts to cover up his behavior
Bias must be presumed where a juror, like
Id. at 676 (quoting Dyer v. Calderon, 151 F.3d at 983).
Juror 12, undertakes prohibited extrajudicial communications, and lies to cover
The same language applies equally to Juror 12's lies, inappropriate behavior, and
The court granted a habeas petition because the juror's
them up, with the concomitant "destructive uncertainties" about the trial to which
juror bias, "the government is obligated to
Consequently, she was willing to state under oath the base
(9th Cir. 2000), in which a juror had lied during voir dire about whether
Another case
'prov[e] the negative;'" United States v. Fell, 2014 WL 3697810, at *28, i.e., "the
demonstrating that bias must be presumed on the facts here is Green v. White, 232
introduced 'destructive uncertainties' into the fact-finding process," which required