Rodney Russell v. United States
SocialSecurity Securities Immigration
I. Whether it viola ted due proc ess for the distric t court to a ppoint the
Federal Defender not only to re present a juror for whom a legitim ate
claim of bia s had been assessed, but a lso to inform that juror of the
legitimacy of tha t claim of bia s ex parte, as well as for the distric t
court, pre -hearing, to a bnegate responsibility to ask tha t same juror
questions during a n evidentiary hearing whe n the distric t court during
that hearing ide ntifie d deficits in inform ation from that juror.
II. Whether a claim of struc tural error of the depriva tion of the right to
trial by an impartial jury is appropria tely reviewed on a ppeal using a n
"abuse of disc retion" standard.
III. Whether a criminal defendant seeking to win a new tria l must prove
that a prospe ctive juror posse ssed a biased motive on a claim of juror
dishone sty in the jury selection proc ess.
Whether the district court violated due process by appointing the Federal Defender to represent a juror and inform the juror of the legitimacy of the bias claim ex parte, and by failing to ask the juror questions during the evidentiary hearing