The following excerpt is from United States v. Fazio, No. 12-3786-cr, No. 12-3799-cr, No. 12-3874-cr (2nd Cir. 2014):
We have held that, "[a] reviewing court should not disturb the trial judge's exercise of discretion in dismissing a juror unless there is a bias or prejudice to the defendant." United States v. Gambino, 951 F.2d 498, 503 (2d Cir. 1991) (internal quotation marks and citation omitted). "Prejudice in this context exists when the discharge is without factual support, or for a legally irrelevant reason." United States v. Purdy, 144 F.3d 241, 247 (2d Cir. 1998) (internal quotation marks and citations omitted).
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.