whether-the-court-of-appeals-misapplied-mcdonongh

QUESTIONS PRESENTED 1. Whether the Court of Appeals misapplied this Court’s holding in McDonough in finding that juror J.B. was an unbiased juror. 2. Whether the Court of Appeals erred in holding that juror J.B. was not presumptively biased where he made multiple false statements during voir dire and at a subsequent hearing and admitted to lying during voir to concealing his felony convictions. 3. Whether McDonough requires a showing of actual juror bias before a new trial may be granted, or alternatively, whether a showing of implied or inferred juror bias is sufficient to demonstrate a valid basis for a challenge for cause to warrant a new trial. 4. Whether the multiple interpretations of McDonough’s two prong test requires this Court to grant certiorari to provide clarity and avoid disparate results in cases throughout the circuits. i Parties and Related Cases The parties are Earl McCoy, Matthew Nix and the United States of America. *USA v. McCoy No. 6:14-cr-6181-1, District Court for the Western District of New York. Judgment entered October 24, 2017 *USA v. McCoy No. 17-3515 and 18-619, US Court of Appeals for the Second Circuit. Judgment entered April 22, 2021 *USA v. Matthew Nix No. 6:14cr 618-4, US District Court for the Western district of New York. Judgment entered October 24, 2017 *USA v. Matthew Nix No. 17-3516 and 18-625, U.S. Court of Appeals for the Second Circuit. Judgment entered April 22, 2021 *Matthew Nix v. United States, Petition for Writ of Certiorari No. 21447 filed on September 15, 2021. Judgement entered June 27, 2022 *Earl McCoy v. USA, Petition for Writ of Certiorari No. 21-6490 filed on December 2, 2021. Judgement entered June 27, 2022 *USA v McCoy No 17-3515 and 18-619, U.S. Court of Appeals for the Second Circuit. Judgment entered January 23, 2023 *USA v. Nix, No — 17-3516 and 18-625, U.S. Court of Appeals for the Second Circuit. Judgement entered January 23, 2023 ii