Archive | voir dire

Friday, March 3rd, 2023

Circuit rejects new trial bid, despite evidentiary errors and refusal to voir dire on “antisemitic bias.”

In United States v. Mendlowitz, No. 21-2049-cr (2d Cir. March 2, 2023) (summary order), the Second Circuit affirms the defendant’s wire fraud convictions, despite possible evidentiary errors and the district court’s refusal to ask about “potential antisemitic bias” during jury selection.

On appeal following trial, the defendant challenged the district court’s exclusion of a proffered expert witness and a recorded conversation between the defendant and a cooperating witness. The Circuit largely agreed with defendant’s arguments: it recognized that, contra the district court, the proffered expert testimony about standard industry practices would have been relevant to the defendant’s good faith defense. The expert testimony also would have provided relevant information outside the average juror’s knowledge and beyond any government witness testimony.

With respect to the recorded conversation, the defendant argued that it reflected his state of mind at the time of the charged conduct and supported his defense. The district …


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Categories: expert witnesses, harmless error, jury selection, voir dire

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Wednesday, February 1st, 2023

Inadequate Voir Dire Requires a New Trial

Perhaps you’ve wondered whether the Second Circuit would ever throw out a conviction because of inadequate voir dire in selecting the jury. Wonder no more. It’s finally happened.

In United States v. Nieves, — F.4th —-, 2023 WL 405354 (2d Cir. Jan. 26, 2023), the defendant, a former gang member, challenged his conviction, following a jury trial, of one count of witness retaliation, in violation of 18 U.S.C. § 1513(b)(1). He argued that the district court’s (Hon. Jed S. Rakoff) abbreviated voir dire left him and the court unable to meaningfully screen prospective jurors for bias against gang members, rendering the trial fundamentally unfair. Simply put, the defendant argued that in a prosecution centered around gang membership and alleged gang-related violence, the district court abused its discretion by refusing to take any steps to effectively screen prospective jurors for bias against gangs or gang members.

The Circuit unanimously …

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