Roberson
United States v. Roberson
Opinion
Lead Opinion
MEMORANDUM **
Rayford Roberson appeals the district court’s denial of his motion for a new trial based on newly-discovered evidence. We review for abuse of discretion. See Sanghvi v. City of Claremont, 328 F.3d 532, 536 (9th Cir.2003).
After he was convicted, Roberson discovered that one of the jurors at his trial taught Bible study classes at the jail and, as a result, was friendly with many of the deputies. Roberson contends he is entitled to a new trial based on juror bias, or at least an evidentiary hearing, because the juror did not disclose these activities during voir dire. The district court denied the motion without a hearing, finding that the juror had responded honestly to all questions asked of him during voir dire, and that even had his volunteer activities been revealed, they would not have supported a challenge for cause.
To obtain a new trial based on previously undiscovered juror bias, “a party must first demonstrate that a juror failed to answer honestly a material question on voir dire, and then further show that a correct response would have provided a valid basis for a challenge for cause.” McDonough Power Equip., Inc. v. Green *584 wood, 464 U.S. 548, 556…