United States v. John F. Hendrix, Sr.

Hendrix appeals his conviction, after a jury trial, of one count of conspiracy to induce, smuggle and transport illegal aliens in violation of 18 U.S.C. § 371 and 8 U.S.C. § 1324 and six counts of transportation of illegal aliens in violation of 8 U.S.C. § 1324 (a)(2). Hendrix raises 11 alleged errors, the most substantial of which is that he was denied his Sixth Amendment right to trial by an impartial jury because one of the jurors was biased. We affirm.

Hendrix’ two-day trial occurred on November 18 and 19, 1975. Prospective jurors were examined and those chosen for the panel were sworn during the morning of November 18. When court recessed that afternoon, the wife and mother-in-law of Hendrix informed his counsel that during the morning, prior to the selection of the jury. Mrs. Thompson, who was subsequently chosen as a juror, allegedly made statements revealing a bias against and a predisposition to convict criminal defendants. Before the trial recommenced on the 19th Hendrix’ counsel informed the court of Mrs. Thompson’s alleged bias and requested an investigation to determine if she should be removed from the jury panel. The district judge denied the request and directed…