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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
if it is not conducted at least in part by counsel. The "federal" practice of almost exclusive voir dire examination by the Court does not take 2 Babcock, Voir Dire: Preserving "Its Wonderful Power", 27 Stan. L. Rev. 545, 549 (1975). 11 EFTA00065537 Case 1:20-cr-00330-AJN Document 342 Filed 10/13/2
ates and could not be held liable for misdelivery of goods. BROOKS v. PENNSYLVANIA R. CO. PO. 199, Docket 21917. United States Court of Appeals Second Circuit. Argued March 13, 1951. Decided March 28,1951. John R. Brooks brought an action against the Pennsylvania Railroad Company for We- delivery of goo
enced Anton 1. 1947." Both dates were prior to the commence- ment of the salts. 10. Motions for mon fleabite statement, [9] The rule stated in the Babcock case was that declared in Ex pane Young, 209 U.S. 123, 162, 28 S.Ct. 441, 455, 52 L.Ed. 714, as follows: "But the Federal court cannot, of course
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
Page: EFTA00011099 →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
Page: EFTA00011099 →if it is not conducted at least in part by counsel. The "federal" practice of almost exclusive voir dire examination by the Court does not take 2 Babcock, Voir Dire: Preserving "Its Wonderful Power", 27 Stan. L. Rev. 545, 549 (1975). 11 EFTA00011107 --- PAGE BREAK --- into account the fact that it
Page: EFTA00011108 →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
Page: EFTA00011118 →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
Page: EFTA00011118 →if it is not conducted at least in part by counsel. The "federal" practice of almost exclusive voir dire examination by the Court does not take 2 Babcock, Voir Dire: Preserving "Its Wonderful Power", 27 Stan. L. Rev. 545, 549 (1975). 11 EFTA00011126 --- PAGE BREAK --- Case 1:20-cr-00330-AJN Docume
Page: EFTA00011127 →Entities connected to both Second Circuit and Babcock

Jeffrey Epstein
PERSON
Ghislaine Maxwell
PERSON
United States
LOCATIONthe Southern District
LOCATION
Prince Andrew
PERSON
Julie K. Brown
PERSON
Bradley Edwards
PERSON
Michael Cohen
PERSONJeffrey Pagliuca
PERSON
Donald Trump
PERSON
New York
LOCATION
Stephen Hawking
PERSON
Denver
LOCATION
Harvey Weinstein
PERSONCohen & Gresser LLP
ORGANIZATION
Scarlett Johansson
PERSONBobbi C. Sternheim
PERSON
Marc Rich
PERSON
Alexander Acosta
PERSON
the United States District Court
ORGANIZATION