Page 28 - The People of the State of New York v. M. Robert Neulander - Brief for Amicus Curiae in Support of Defendant-Respondent

the oath."
authority."
Id.
untruthfulness -
protestations of

dismissing the juror.
In United States v.
at 152 (emphasis added).
Id. at 219-20.

"[i]nquiry into the juror's state of

23

The court disagreed, stating:
mind by way of
juror's failure to reveal her brother-in-law's status -
mistaken, although honest, answers during voir dire.
Id.
during trial, and then lied to the court about having done so.

willingness to lie about it exhibited an interest strongly suggesting

i.e. her calculated
The court held that a new trial was required.
relationship with her brother-in-law tainted the proceedings, but that her
which served to "establish that the juror did not feel bound by the judge's
The court explained that the "deliberateness" of
impartiality would not reveal evidence that was under these
distinguished the case from others where jurors have given
The court held that
"The point is not that her
juror's dissembling during voir dire, concealing that her brother-in-law was a
the
partiality."
In this
partial denial, explanation or
anyone," and later commented that he "believed he was not acting improperly,"
Colombo, 869 F.2d 149, the government argued that a
government lawyer, was harmless, since that fact would not have been cause for
circumstances either trustworthy or sufficient to offset the deliberate violation of
case, it has been established just as clearly that Juror 12 did not feel bound by the
judge's authority when she repeatedly texted about the case, searched the internet
Id.