Adair

Adair v. Smith

Good Law
35 F. App'x 559
United States Court of Appeals for the Ninth CircuitMay 20, 2002No. 01-55905; D.C. No. CV-00-00674-VAP (E)California472 words

Opinion

Lead Opinion

MEMORANDUM ***

Petitioner Paul James Adair appeals the district court’s denial of his petition for habeas corpus under 28 U.S.C. § 2254 . We affirm.

Petitioner argues that he is entitled to a new trial under the Sixth Amendment doctrine of implied bias. See Dyer v. Calderon, 151 F.3d 970, 981-82 (9th Cir.1998) (en banc) (discussing that doctrine). The implied bias doctrine applies only in certain exceptional circumstances. Id. at 981 . Juror bias may be presumed (1) when a juror has lied in voir dire or in response to other questioning by the court, id. at 979 ; and (2) when there is “ ‘a revelation [ ... ] that the juror is a close relative of one of the participants in the trial or the criminal transaction[ ] or that the juror was a witness or somehow involved in the criminal transaction,’ ” id. at 982 (quoting Smith v. Phillips, 455 U.S. 209, 222 , 102 S.Ct. 940 , 71 L.Ed.2d 78 (1982) (O’Connor, J., concurring)); see also Tinsley v. Borg, 895 F.2d 520, 527 (9th Cir.1990). We recently recognized that the implied bias doctrine also may apply in a case in which a juror did not lie, but instead “intentionally concealed] or [gave] a misleading response to a question on voir dire…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.