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impartial jury is one in which all of its members, not just most of them, are free of interest and bias." United States v. Parse, 789 F.3d 83, 111 (2d Cir. 2015). In Parse, a case before Judge Pauley sub nom United States v. Daugerdas, a jury convicted defendant Parse and three of his co-defendants of
Page: EFTA00018374 →free of interest and bias." United States v. Parse, 789 F.3d 83, 111 (2d Cir. 2015). In Parse, a case before Judge Pauley sub nom United States v. Daugerdas, a jury convicted defendant Parse and three of his co-defendants of numerous financial fraud and tax evasion charges. 789 F.3d at 86. After trial,
Page: EFTA00018374 →rneys had sat on background research collected before and during trial that suggested Conrad's voir dire answers were false. Id. at 101. On appeal, the Second Circuit "had no difficulty with the ruling of the district court in the present case that the jury empaneled to hear the case against these defendants was n
Page: EFTA00018375 →lse answer is just as 23 EFTA00155930 invidious as an intentionally false answer. United States v. Langford, 990 F.2d 65, 68 (2d Cir. 1993)." As the Second Circuit held in Langford: We read [McDonough] multi-part test as governing not only inadvertent nondisclosures but also nondisclosures or misstatements tha
55 EFTA00155905 United States v. Collins, 2013 WL 4780927 (ED. Wis. 2013) United States v. Colombo, 869 F.2d 149 (2d Cir. 1989) United States v. Daugerdas, 867 F. Supp. 2d 445 (S.D.N.Y. 2012) 51 27 passim United States v. Eubanks, 591 F.2d 513 (9th Cir. 1979) 30 United States v. French, 904 F.3d 1
imply bias. First, "[c]ourts imply bias `when there are similarities between the personal experiences of the juror and the issues being litigated.' Daugerdas, 867 F. Supp. 2d at 472 (quoting Sampson, 820 F. Supp. 2d at 163-64); see also Skaggs v. Otis Elevator Co., 164 F.3d 511, 517 (10th Cir. 1998) (col
assessed on its own terms . . . based on the entire record." United States v. Maslin, 356 F.3d 191, 196 (2d Cir. 2004). In assessing the evidence, the Second Circuit applies a burden-shifting framework. The defendant carries the initial burden of making a non-frivolous showing that the two counts in fact charge
ted States v. Lebedev, 932 F.3d 40 (2d Cir. 2019). The "core of criminality ... involves the essence of a crime, in general terms." United States v. Daugerdas, 837 F.3d 212, 225 (2d Cir. 2016) (alteration in original) (quoting United States v. D'Amelio, 683 F.3d 412, 418 (2d Cir. 2012)). The Court then de
rneys had sat on background research collected before and during trial that suggested Conrad's voir dire answers were false. Id. at 101. On appeal, the Second Circuit "had no difficulty with the ruling of the district court in the present case that the jury empaneled to hear the case against these defendants was n
free of interest and bias." United States v. Parse, 789 F.3d 83, III (2d Cir. 2015). In Parse, a case before Judge Pauley sub nom United States v. Daugerdas, a jury convicted defendant Parse and three of his co-defendants of numerous financial fraud and tax evasion charges. 789 F.3d at 86. After trial,
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