Epstein Secrets

s, 511 F.3d 289, 301 (2d Cir. 2007) (quoting United States v. Haynes, 398 F.2d 980, 984 (2d Cir. 1968) and United States v. Torres, 128 F.3d 38, 45 (2d Cir. 1997)). All types of bias can properly form the basis to excuse a juror for cause. See id. Thus, the jury selection process should screen for each

98 --- PAGE BREAK --- ARGUMENT I. THE APPLICABLE LAW A prospective juror may be excused for cause based on many forms of bias or partiality. As the Second Circuit has explained, juror partiality can be actual, implied, or inferred: Actual bias is "bias in fact," generally evidenced by "express proof," such as

urt's use of questionnaire in trial of former Enron executive, Jeffrey Skilling); United States v. Robert Sylvester Kelly, 19 Cr. 286 (AMD) (EDNY) ("R. Kelly case"); United States v. Elizabeth Holmes, 18 Cr. 258 (EJD) (NDCA) ("Theranos case"); United States v. Keith Rainier, 18 Cr. 204 (NGG) (EDNY) ("Nex

mandatory a presumption of bias." United States v. Quinones, 511 F.3d 289, 301 (2d Cir. 2007) (quoting United States v. Haynes, 398 F.2d 980, 984 (2d Cir. 1968) and United States v. Torres, 128 F.3d 38, 45 (2d Cir. 1997)). All types of bias can properly form the basis to excuse a juror for cause. See i

d 10/13/21 Page 4 of 17 ARGUMENT I. THE APPLICABLE LAW A prospective juror may be excused for cause based on many forms of bias or partiality. As the Second Circuit has explained, juror partiality can be actual, implied, or inferred: Actual bias is "bias in fact," generally evidenced by "express proof," such as

urt's use of questionnaire in trial of former Enron executive, Jeffrey Skilling); United States v. Robert Sylvester Kelly, 19 Cr. 286 (AMD) (EDNY) ("R. Kelly case"); United States v. Elizabeth Holmes, 18 Cr. 258 (EJD) (NDCA) ("Theranos case"); United States v. Keith Rainier, 18 Cr. 204 (NGG) (EDNY) ("Nex

d 10/13/21 Page 4 of 17 ARGUMENT I. THE APPLICABLE LAW A prospective juror may be excused for cause based on many forms of bias or partiality. As the Second Circuit has explained, juror partiality can be actual, implied, or inferred: Actual bias is "bias in fact," generally evidenced by "express proof," such as

urt's use of questionnaire in trial of former Enron executive, Jeffrey Skilling); United States v. Robert Sylvester Kelly, 19 Cr. 286 (AMD) (EDNY) ("R. Kelly case"); United States v. Elizabeth Holmes, 18 Cr. 258 (EJD) (NDCA) ("Theranos case"); United States v. Keith Rainier, 18 Cr. 204 (NGG) (EDNY) ("Nex