smith phillips argued november decided january convicted murder jury trial new york respondent moved vacate conviction ground juror case submitted trial application employment investigator district attorney office prosecuting attorneys upon informed juror application withheld information trial respondent defense counsel trial hearing motion judge presided trial motion denied judge finding beyond reasonable doubt events giving rise motion influence verdict appellate division new york affirmed conviction new york appeals denied leave appeal subsequently respondent sought habeas corpus relief federal district alleging denied due process law fourteenth amendment conduct juror question finding insufficient evidence demonstrate juror actually biased district nevertheless imputed bias accordingly ordered respondent released unless state granted new trial appeals without considering whether juror actually impliedly biased affirmed ground prosecutors failure disclose knowledge juror denied respondent due process held respondent denied due process law either juror conduct prosecutors failure disclose juror job application pp due process require new trial every time juror placed potentially compromising situation due process means jury capable willing decide case solely evidence trial judge ever watchful prevent prejudicial occurrences determine effect occurrences happen determinations may properly made hearing like held case remmer moreover federal habeas action state trial judge findings presumptively correct federal courts proceedings must disturb state courts findings unless federal habeas articulates basis disarming findings statutory presumption correct may overcome convincing evidence neither district appeals took issue state trial judge findings pp touchstone due process analysis cases alleged prosecutorial misconduct fairness trial culpability prosecutor prosecutors failure disclose juror job application although requiring hearing juror bias deprive respondent fair trial guaranteed due process clause fourteenth amendment pp absent violation right guaranteed respondent fourteenth amendment error lower courts order new trial federal courts hold supervisory authority state judicial proceedings may intervene correct wrongs constitutional dimension rehnquist delivered opinion burger white blackmun powell joined filed concurring opinion post marshall filed dissenting opinion brennan stevens joined post robert pitler argued cause petitioner briefs mark dwyer vivian berger william kunstler argued cause respondent briefs vernon mason charles sims bruce ennis richard zuckerman filed brief american civil liberties union et al amici curiae urging affirmance justice rehnquist delivered opinion respondent convicted november new york jury two counts murder one count attempted murder trial respondent moved vacate conviction pursuant crim proc law mckinney cpl hearing motion held pursuant cpl hearing held justice presided respondent trial motion vacate denied opinion concluding beyond reasonable doubt events giving rise motion influence verdict people phillips misc appellate division first judicial department affirmed conviction without opinion app div new york appeals denied leave appeal four years denial leave appeal appeals respondent sought federal habeas relief district southern district new york ground asserted state hearing district granted writ supp appeals second circuit affirmed somewhat different ground granted certiorari consider important questions federal constitutional law relation federal habeas proceedings raised decisions reverse respondent original motion vacate conviction based fact juror respondent case one john dana smith submitted trial application employment major felony investigator district attorney office smith learned position friend contacts within office inquired smith behalf without mentioning smith name fact juror respondent trial smith application received office name placed list applicants contacted known office juror respondent trial later inquiry status smith application friend mentioned smith juror respondent case attorney friend disclosed fact promptly informed superior superior turn informed assistant district attorney charge hiring investigators following day one week end respondent trial assistant informed two attorneys actually prosecuting respondent one jurors applied office employment investigator two prosecuting attorneys conferred application concluded view smith statements voir dire need inform trial defense counsel application instruct attorneys office contact smith trial ended took steps insure learn information smith revealed voir dire jury retired deliberate november three alternate jurors available substitute smith neither trial defense counsel knew application jury returned verdict november district attorney first learned smith application december five days later investigation verify information informed trial defense counsel application fact existence known attorneys office time conclusion trial respondent attorney moved set aside verdict hearing trial judge justice harold birns prosecuting attorneys explained decision disclose application smith explained seen nothing improper submitting application trial justice birns rom evidence adduced hearing misc found smith letter indeed indiscretion way reflected premature conclusion respondent guilt prejudice respondent inability consider guilt innocence respondent solely evidence respect conduct prosecuting attorneys justice birns found evidence suggesting sinister dishonest motive respect smith letter application application federal habeas relief respondent contended denied due process law fourteenth amendment constitution smith conduct district found insufficient evidence demonstrate smith actually biased nonetheless imputed bias smith average man smith position believe verdict jury directly affect evaluation job application accordingly ordered respondent released unless state granted new trial within days appeals second circuit affirmed divided vote noted best difficult perhaps impossible learn juror testimony verdict whether fact impartial consider whether smith actually impliedly biased rather appeals affirmed respondent release simply failure prosecutors disclose knowledge denied respondent due process ibid explained condone withholding prosecutor information casting substantial doubt impartiality juror fact applied prosecutor employment fair defendant ill serve maintain public confidence judicial process ii argument respondent relied primarily reasoning adopted district contends possibly ascertain impartiality juror relying solely upon testimony juror question given human propensity respondent argues law must impute bias jurors smith position disagree long held remedy allegations juror partiality hearing defendant opportunity prove actual bias example remmer juror federal criminal trial approached someone offering money exchange favorable verdict fbi agent assigned investigate attempted bribe agent report reviewed trial judge prosecutor without disclosure defense counsel learned incident trial defense attorneys moved verdict vacated alleging moved mistrial requested juror question replaced alternate juror incident disclosed trial recognized seriousness attempted bribe characterized presumptively prejudicial also undisclosed investigation bound impress juror apt unduly ibid despite recognition conviction integrity jury proceedings must jeopardized unauthorized invasions require new trial like ordered case rather instructed trial judge determine circumstances impact thereof upon juror whether prejudicial hearing interested parties permitted participate emphasis added words ordered precisely remedy accorded justice birns case even decision remmer confronted allegations implied juror bias dennis dennis convicted criminal contempt failure appear committee activities house representatives argued jury convicted composed primarily employees government inherently biased employees subject executive order cfr comp provided discharge upon reasonable grounds belief disloyal government dennis contended employees risk charge disloyalty termination employment might result vote acquittal rejected claim implied bias noting dennis free show existence actual bias failed thus concluded holding implied bias disqualify jurors relationship government longer permissible preservation opportunity prove actual bias guarantee defendant right impartial jury see also frazier wood decision last term chandler florida also treated claim implied juror bias appellants chandler convicted various theft crimes jury trial partially televised new canon judicial ethics promulgated florida claimed unusual publicity sensational courtroom atmosphere created televising proceedings influence jurors preclude fair trial consistent previous decisions held appropriate safeguard prejudice defendant right demonstrate media coverage case printed broadcast compromised ability particular jury heard case adjudicate fairly appellants attempt show specificity presence cameras impaired ability jurors decide case evidence refused set aside conviction cases demonstrate due process require new trial every time juror placed potentially compromising situation rule trials constitutionally acceptable safeguards juror impartiality voir dire protective instructions trial judge infallible virtually impossible shield jurors every contact influence might theoretically affect vote due process means jury capable willing decide case solely evidence trial judge ever watchful prevent prejudicial occurrences determine effect occurrences happen determinations may properly made hearing like ordered remmer held case district appeals disregarded doctrine held hearing comporting decisions remmer cases prosecuted federal courts constitutionally insufficient state due process clause fourteenth amendment seems us follow night day federal system hearing conducted sufficient decide allegations juror partiality due process clause fourteenth amendment possibly require state system equal importance case federal habeas action justice birns findings presumptively correct held last term federal courts proceedings must disturb findings state courts unless federal habeas articulates basis disarming findings statutory presumption correct may overcome convincing evidence sumner mata neither district appeals took issue findings justice birns iii already noted appeals rely upon district imputation bias indeed even reach question juror bias holding instead prosecutors failure disclose smith application without violated respondent right due process law respondent contends appeals thereby correctly preserved appearance justice brief respondent contention runs contrary decided cases past decisions demonstrate touchstone due process analysis cases alleged prosecutorial misconduct fairness trial culpability prosecutor brady maryland example prosecutor failed disclose admission participant murder corroborated defendant version crime held prosecutor suppression requested evidence violates due process evidence material either guilt punishment irrespective good faith bad faith prosecution applying standard found undisclosed admission relevant punishment thus ordered defendant resentenced since admission material guilt however concluded trial complied requirements due process despite prosecutor wrongful suppression thus recognized aim due process punishment society misdeeds prosecutor avoidance unfair trial accused ibid principle reaffirmed agurs held prosecutor must disclose unrequested evidence create reasonable doubt guilt otherwise exist consistent brady focused upon prosecutor failure disclose upon effect nondisclosure trial believe constitutional obligation disclose unrequested information measured moral culpability willfulness prosecutor evidence highly probative innocence file presumed recognize significance even actually overlooked conversely evidence actually probative significance purpose served requiring new trial simply inept prosecutor incorrectly believed suppressing fact vital defense suppression evidence results constitutional error character evidence character prosecutor citation omitted therefore prosecutors failure disclose smith job application although requiring hearing juror bias deprive respondent fair trial guaranteed due process clause iv federally issued writ habeas corpus course reaches convictions obtained violation provision constitution said cupp naughten federal may overturn conviction resulting state trial must established merely state action undesirable erroneous even universally condemned violated right guaranteed defendant fourteenth amendment reversed footnotes cpl provides motions set aside verdict cpl must decided hearing allege disputed facts sufficient grant motion hearing defendant burden proving preponderance evidence every fact essential support motion cpl smith letter application addressed district attorney stated understand federally funded investigative unit formed office investigate major felonies wish apply position investigator letter mention smith juror respondent trial appended letter resume containing biographical information smith people phillips misc trial judge described voir dire respondent case ten days meticulous examination voir dire smith stated intended pursue career law enforcement applied employment federal drug enforcement agency also disclosed wife interested law enforcement interest arose incident assaulted seriously injured smith stated previously worked store detective bloomingdale department store capacity made several arrests led contact district attorney office response close inquiry defense counsel smith declared belief fair impartial juror case assurance apparently satisfied defense counsel smith permitted take seat among jurors even though defense several unused peremptory challenges conclusion based upon majority reading decision agurs reading concluded due process violated prosecutor actions treat defendant unfairly impugn integrity judicial process even defendant thereby prejudiced seen part iii opinion appeals misread agurs respondent may course defend judgment ground law record permit provided asserted ground expand relief granted new york telephone dandridge williams ryerson respondent correctly notes determinations made hearings frequently turn upon testimony juror question errs contending evidence inherently suspect said dennis ne may know altogether understand imponderables cause one think thinks surely one trying honest man live sanctity oath well qualified say whether unbiased mind certain matter see also reid connection argument due process denied prosecutors withholding smith application respondent notes prosecutors disclosed application trial replaced smith alternate juror thus respondent argues prosecutors action denial due process also prevented respondent availing process available new york law correcting juror bias see cpl mckinney argument proves much hearing determination replace juror trial adequately protected respondent right due process law rendered impossible necessary reliance juror testimony see reason hearing determination less protective possible said brady agurs confession affected outcome issue guilt affected brady punishment material latter issue former since material issue guilt entire trial lacking due process even cases egregious prosecutorial misconduct knowing use perjured testimony required new trial tainted evidence material case see giglio napue illinois materiality requirement implicitly recognizes misconduct effect trial blameworthiness prosecutor crucial inquiry due process purposes note course nothing case suggests prosecutors conduct undertaken bad faith trial found evidence degree points conclusion member district attorney staff officer sinister dishonest motive respect smith letter application sought gain thereby unfair advantage defendant misc justice concurring concur opinion write separately express view opinion foreclose use implied bias appropriate circumstances determining whether juror biased prejudged case difficult partly juror may interest concealing bias partly juror may unaware problem may compounded charge bias arises juror misconduct simply attempts third parties influence juror nevertheless believe instances postconviction hearing adequate determine whether juror biased hearing permits counsel probe juror memory reasons acting understanding consequences actions hearing also permits trial judge observe juror demeanor evaluate answers light particular circumstances case concerned however certain instances hearing may inadequate uncovering juror biases leaving serious question whether trial subjected defendant manifestly unjust procedures resulting miscarriage justice case must turn facts extreme situations justify finding implied bias examples might include revelation juror actual employee prosecuting agency juror close relative one participants trial criminal transaction juror witness somehow involved criminal transaction whether state proceedings result finding bias sixth amendment right impartial jury allow verdict stand circumstances ii none previous cases preclude use conclusive presumption implied bias appropriate circumstances remmer heavily relies involved juror misconduct misconduct third party attempted bribe juror circumstances juror accused misconduct actual stake outcome trial thus significant incentive shield biases postconviction hearing adequately determine whether juror biased dennis rejected claim juror employment federal government ground find implied bias foreclose finding implied bias serious situations justice reed concurred opinion wrote read decision mean government employees may barred implied bias circumstances properly brought attention convince government employees suitable jurors particular case moreover used implied bias reverse conviction leonard per curiam held prospective jurors heard trial announce defendant guilty verdict first trial automatically disqualified sitting second trial similar charges iii may circumstances postconviction hearing adequate remedy charge juror bias important retain doctrine implied bias preserve sixth amendment rights read opinion foreclosing use implied bias appropriate situations therefore concur exceptional situations may require application implied bias doctrine lower federal courts need deterred provides federal habeas proceeding determination hearing merits factual issue made state competent jurisdiction evidenced written finding written opinion reliable adequate written indicia shall presumed correct unless applicant shall establish shall otherwise appear factfinding procedure employed state adequate afford full fair hearing applicant receive full fair adequate hearing state proceeding applicant otherwise denied due process law state proceeding extraordinary situations involving implied bias proceedings resulting finding bias definition inadequate uncover bias law conclusively presumes justice marshall justice brennan justice stevens join dissenting juror john smith vigorously pursued employment office prosecutor throughout course jury service respondent state criminal trial prosecutors learned smith efforts trial improperly failed disclose information jury returned verdict guilty respondent state conducted evidentiary hearing determined juror actually biased thus ruled respondent prejudiced refused set aside conviction respondent subsequently filed petition writ habeas corpus district southern district new york claiming denied constitutional right impartial jury district ruled conviction set aside appeals second circuit affirmed majority reverses holding evidentiary hearing provided sufficient protection respondent right impartial jury find majority analysis completely unpersuasive dissent right trial impartial jury lies heart due process irvin dowd ur heritage constitution experience applying constitution committed us irrevocably position criminal trial one purpose provide fair reliable determination guilt estes texas warren douglas goldberg joined concurring purpose simply achieved jury deliberations tainted bias prejudice fairness reliability assured verdict based calm reasoned evaluation evidence presented trial thus time time broad variety contexts adopted strong measures protect right trial impartial jury insisted defendants given fair meaningful opportunity voir dire determine whether prospective jurors biased even specific prior knowledge bias ham south carolina held trial may deny negro defendant opportunity question prospective jurors subject racial prejudice circumstances suggest need questioning even questions racial prejudice required generalized thorough inquiry prejudice necessary ristaino ross also insisted jury selected representative community selection procedures exclude significant portions population thus increase risk bias invalid example peters kiff invalidated selection procedure resulted systematic exclusion negroes similarly taylor louisiana struck state rule excluding women compulsory jury service witherspoon illinois ruled defendant capital case denied right impartial jury issue sentence trial judge automatically excluded jurors scruples capital punishment right jury drawn fair community extends even defendants members excluded class peters kiff supra defendant challenging exclusion blacks white taylor louisiana supra defendant challenging exclusion women male exclusion impermissible simply jurors members defendant class may prejudiced defendant also jury deprived perspective human events may unsuspected importance case may presented peters kiff supra opinion announcing judgment see also taylor louisiana supra also acted protect defendants possibility jurors might prejudiced extensive pretrial publicity rideau louisiana ruled trial granted request change venue entire community seen defendant confess crime police interrogation broadcast television require particularized showing confession actually prejudiced jurors defendant later irvin dowd reversed conviction widespread inflammatory publicity preceded trial even though jurors insisted remain impartial similarly stated defendants must protected impact jurors publicity trial although absolute constitutional ban news coverage trials print broadcast media justified defendant must given opportunity demonstrate media coverage case compromised ability particular jury heard case weigh evidence fairly chandler florida see also nebraska press assn stuart estes texas supra guarded conduct third parties might affect jury impartiality remmer ruled communication juror trial matter pending jury obvious reasons deemed presumptively prejudicial although presumption conclusive burden rests heavily upon government establish notice hearing defendant contact juror harmless defendant ibid see also turner louisiana jury try case placed protective custody deputy sheriffs principal prosecution witnesses even though jurors might influenced association summarize required inquiry prejudice even evidence particular juror biased regarded absence balanced perspective simply existence bias defendant cognizable form prejudice always required particularized showing prejudice strongly presumed contact juror initiated third party prejudicial case evidence juror smith serious conflict interest conflict inevitably distort perspective case majority nevertheless holds juror simple assertion verdict biased sufficiently protects respondent right trial impartial jury holding utterly inconsistent historical recognition priceless right irvin supra ii majority concedes importance right trial impartial jury claims however respondent right adequately protected state trial judge conducted postverdict evidentiary hearing concluded smith actually biased according majority constitution requires defendant given opportunity prove actual bias indeed apparently insist proof actual bias juror applied employment prosecutor office also juror already employed prosecutor office served prosecuting attorney majority relies premise evidentiary hearing provides adequate assurance prejudice exist premise however ignores basic human psychology cases like one evidentiary hearing never adequately protect right impartial jury despite majority suggestions contrary juror smith passive indifferent job applicant began pursuing employment investigator office district attorney september day sworn asked friend criminal officer rudolph fontaine determine proper method applying employment completed application gave fontaine hand delivery district attorney office apparently assumed officer personal contact office addition application filed met regularly fontaine jury warden mario piazza order determine progress application november jury returned verdict guilt trial ended next day smith phoned district attorney office check status application unable get touch anyone knew application asked former supervisor make inquiries behalf juror vigorously actively pursues employment prosecutor office throughout course trial probability bias substantial bias may conscious part calculated effort obtain job juror may believe application viewed favorably defendant found guilty thus may decide vote verdict guilty regardless evidence may attempt persuade jurors acquittal justified also serious danger unconscious bias individuals extraordinary character affected way interest future employment subconsciously juror may tend favor prosecutor simply feels affinity potential employer indeed juror may make sincere effort remain impartial yet unable probability bias high also unlikely evidentiary hearing reveal bias appeals stated given human propensity difficult learn juror testimony verdict whether fact impartial certainly juror unlikely admit consciously plotted defendant course trial admission subjected juror smith criminal sanctions also damaged prospects career law enforcement law enforcement agency unlikely hire investigator whose credibility always impeached admission disregarded juror oath criminal trial even bias part affirmative course misconduct however unconscious juror unlikely admit unable weigh evidence fairly honestly believes remained impartial throughout trial amount questioning lead admission rather juror vehemently deny accusations bias past recognized question whether juror prejudiced poses substantial problems proof bias prejudice elusive condition mind difficult impossible always recognize existence might exist mind one account relations one parties quite positive bias said perfectly able decide question wholly uninfluenced anything evidence crawford believe cases like one probability bias high evidence adduced hearing offer little assurance prejudice exist juror deemed biased matter law specifically juror pursues employment office prosecutor circumstances highly suggestive misconduct conflict interest bias implied automatically disqualified despite absence proof actual bias juror efforts secure employment revealed trial conviction must set aside right trial impartial jury important threat right great justify rigid insistence actual proof bias requirement blinks reality adoption conclusive presumption bias limited circumstances without precedent presumptions juror bias ancient historical roots english common law prospective jurors challenged defendant prove actual bias also circumstances bias implied blackstone exclusion prospective juror implied bias appropriate shown kin either party within ninth degree arbitrator either side interest cause action pending party taken money verdict formerly juror cause party master servant counsellor steward attorney society corporation blackstone commentaries hammond ed also employ rules implied bias jurisdictions statutes set forth conduct status automatically disqualify prospective jurors without regard whether person actually biased statutes frequently exclude persons related prosecution defense counsel witness defendant new york statute applied juror smith intention apply job come light voir dire especially broad disqualifies person relationship party witness action likely preclude person rendering impartial verdict crim proc law mckinney provision added statute calls application average person standard require proof particular potential juror biased see people provenzano state courts also permitted challenges implied bias basis fact least one presumed bias circumstances similar presented haak state ind indiana held woman whose husband offered position prosecutor staff day selected juror rape case impliedly biased stated juror bias avoided dissolved admonitions juror assertion believed judge case impartially unrealistic expect juror situation act even hand toward parties ibid thus trial judge erred refusing grant defendant motion mistrial see also tableporter urist misc mun conviction set aside juror son applied defendant job course fact many employ rules implied bias situations similar presented necessarily imply rules constitutionally mandated widespread state practice however support conclusion adopt rules expense strong interest efficiently procuring convictions committed safeguarding right trial impartial jury believe right seriously threatened concluding rule appropriate evidentiary hearing adequate remedy majority relies heavily decision remmer defendant case tried income tax evasion course trial unnamed person attempted bribe juror juror reported incident trial judge asked federal bureau investigation fbi conduct investigation interviewing juror fbi concluded bribery attempt made jest prejudicial impact trial judge decided take action defense learned incident jury returned verdict guilty moved new trial complaining bribery attempt fbi investigation likely influenced jury deliberations held private communication juror trial matter pending jury presumptively prejudicial stated however presumption conclusive government given opportunity show contact harmless remanded case district directions hold hearing determine whether incident harmful grant new trial according majority remmer establishes postverdict inquiry always appropriate remedy claims jury prejudice raised conclusion trial holding remmer nearly broad however purport address instances serious juror misconduct bias implied examination facts case reveals danger bias much less substantial case one defendant claimed jury might influenced unsuccessful bribery attempt fbi investigation allegations jurors guilty misconduct moreover even jurors influenced bribery attempt made jest contact fbi evidentiary hearing likely reveal impact juror less reluctant admit disturbed upset misconduct third party admit acted improperly majority also relies upon decisions dennis frazier wood cases indicated fact juror employed federal government require finding implied bias cases government party persuaded vague conjectures government employees peculiarly vulnerable miasma fear intimidated cringe government fear investigation loss employment duty jurors dennis supra however cases hold rule never appropriate three decisions stressed trial judges retain power safeguard interests defendant circumstances suggest real danger bias power surely includes application per se rule necessary dennis supra frazier supra wood supra indeed leonard per curiam explicitly endorsed application rule petitioner case convicted separate trials forging government checks transporting forged instruments interstate commerce two cases tried succession jury first case announced guilty verdict open presence jury panel jurors try second case selected petitioner objected objection overruled reversed holding prospective jurors sat courtroom heard verdict returned individual immediately prior individual trial similar charge automatically disqualified short cases establish automatic disqualification rule never appropriate contrary leonard reveals employed rule limited circumstances presenting unusually high probability juror biased similarly high probability hearing reveal bias majority also emphasizes federal courts exercising habeas corpus jurisdiction must ordinarily defer findings fact points provides factfinding presumed correct course federal courts limited power review habeas corpus proceedings think clear however deference appropriate circumstances case already explained believe possible state determine basis evidentiary hearing whether smith biased state factfinding inherently unreliable section recognizes deference appropriate cases provides presumption favor state factfinding may overcome applicant receive full fair adequate hearing state proceeding otherwise denied due process law evidentiary hearing conducted fair adequate furthermore hearing protect sufficiently right impartial jury respondent denied due process circumstances bar review decision iii also affirm decision appeals alternative ground respondent prejudiced prosecutors failure disclose trial knowledge juror smith applied job office district attorney prosecutors informed timely fashion alternate juror almost certainly selected thus ending danger bias prosecutors conduct withholding information clearly improper evidentiary hearing claimed failed disclose fact smith applied job office part caught preparations final stages trial explanation convincing close evidence prosecutors revealed another juror bethel arrested narcotics charge prior trial agreed cooperate district attorney office exchange dismissal charges disclosure camera hearing parties consented discharge juror replacement one four alternates fact prosecutors willing disclose information concerning bethel suggests failed reveal smith conduct time pressures believed smith presence jury valuable even petitioner concedes prosecutors informed trial judge defense soon learned smith application failure inexcusable majority argues prosecutorial misconduct sufficient justify reversal conviction habeas corpus proceedings relies primarily decisions agurs brady maryland suggest constitutional obligation disclose material evidence measured simply moral culpability prosecutor relief ordinarily appropriate defendant prejudiced prosecutor actions even majority correct holding prejudice also required prosecutor fails disclose information suggesting juror might biased think clear respondent prejudiced fact smith applied job promptly disclosed respondent jury trial right protected disclosure made trial parties might simply agreed smith replaced one alternates agreement reached respect juror bethel trial judge might also exercised power crim proc law mckinney provides time trial jury sworn rendition verdict satisfied facts unknown time selection jury juror grossly unqualified serve juror engaged misconduct substantial nature may alternative juror available service discharge trial juror order replaced simple remedies eliminated possibility juror bias least trial judge stated disclosure made trial conducted hearing determine whether smith engaged misconduct whether actually biased already suggested serious doubts whether evidentiary hearing nature ever reliable however hearing trial far likely reveal evidence bias hearing pressures juror smith position much less substantial trial admit unable obey oath juror unfair evaluating evidence trial hand state pending application job prosecutor office might affect ability weigh evidence fairly important pressures judge much less substantial hearing held course trial trial judge finds juror biased simply replace juror alternate trial actual bias found remedy set aside conviction begin new trial judge hesitate taking action pressures must particularly great case respondent first tried jury unable reach verdict mistrial declared respondent second trial begin two years later second trial lasted nine weeks witnesses called testify circumstances third trial led even expense delay judge reluctant set aside conviction short prosecutors withheld information smith job application quite likely smith excused replaced alternate replacement made substantial danger juror bias eliminated thus circumstances respondent prejudiced prosecutors misconduct given existence prejudice fundamental importance right impartial jury set aside conviction limited power federal courts habeas corpus proceedings poses obstacle conclusion although trial judge found hearing smith actually biased deference factfinding required evidentiary hearing factfinding based inherently unreliable see supra prosecutors misconduct case deprived respondent hearing trial opportunity substitute alternate juror prosecutors conduct acted deprive respondent alternative state consistent due process relegate respondent right impartial jury belated inadequate hearing iv majority adopts completely unrealistic view efficacy hearing thus fails accord meaningful protection right impartial jury one valuable rights possessed criminal defendants affirm judgment appeals ground juror applies employment office prosecutor vigorously pursues employment throughout course trial impliedly biased also affirm alternative ground prosecutors improperly failed disclose trial juror applied job thereby prejudicing respondent depriving opportunity substitute unbiased alternate juror majority concedes due process means unbiased jury capable willing decide case solely evidence ante respondent asked opportunity tried jury prosecutors taken simple step informing trial judge smith applied employment office smith replaced respondent received opportunity tried impartial jury prosecutors intentionally failed however juror almost certainly prejudiced respondent participated deliberations due process really mean full fair opportunity tried unbiased jury capable willing decide case solely evidence case due process denied irvin dowd stated essence right jury trial guarantees criminally accused fair trial panel impartial indifferent jurors failure accord accused fair hearing violates even minimal standards due process oliver tumey ohio fair trial fair tribunal basic requirement due process murchison ultimate analysis jury strip man liberty life language lord coke juror must indifferent stands unsworne litt verdict must based upon evidence developed trial cf thompson city louisville true regardless heinousness crime charged apparent guilt offender station life occupies peters kiff opinion announcing judgment stated procedures unacceptable even proof actual bias marshall joined douglas stewart opinion explained actual bias virtually impossible prove ibid thus necessary decide principle side shall suffer consequences unavoidable uncertainty ibid given great potential harm importance right impartial jury doubts resolved favor defendant ibid see also ballard taylor louisiana stated flavor distinct quality lost either sex excluded exclusion one may indeed make jury less representative community true economic racial group excluded quoting ballard supra majority notes voir dire defense chose challenge smith even though stated strong interest law enforcement career ante however since defendant law enforcement officer interest necessarily unfavorable defense think clear general career interest law enforcement different application job prosecutor particular case smith found engaged course conscious misconduct might prosecuted penal law obstructing governmental administration bribe receiving juror misconduct juror mckinney might also found guilty criminal contempt see petitioner emphasizes evidentiary hearing trial judge opportunity observe juror demeanor thus argues petitioner even juror denies biased trial judge able measure juror integrity decide whether credit claim fairly weighed evidence may true opportunity observe juror assistance cases however little value juror honestly falsely believes impartial although concurring opinion use rule case agrees circumstances rule appropriate suggests example finding implied bias might justified juror actual employee prosecuting agency ante view impossible draw meaningful distinction juror actual employee prosecuting agency juror applied employment agency indeed may greater danger bias juror pursuing job individual yet obtained employment believes job prospects stake may anxious please wood described common law regarding challenges prospective jurors follows challenges common law array respect constitution panel polls disqualification juror challenges polls either principal favor former upon grounds absolute disqualification latter actual bias see also blackstone commentaries hammond ed see cal penal code ann west supp idaho code rule crim proc crim proc law mckinney cent code supp okla tit rev stat comp laws ann utah code ann time voir dire smith yet applied job office district attorney seems likely however filed application point fact came light voir dire automatically disqualified pursuant crim proc law mckinney see state west reversible error trial denies challenge cause juror employee prosecutorial agency state kokoszka state howard overruled grounds shulinsky boston cf block state ind juror deputy prosecutor disqualified barnes state ind juror whose relative member prosecutor staff disqualified decision endorse rules implied bias lead constitutionalization wide variety state disqualification rules stated believe rule constitutionally mandated probability bias particularly great evidentiary hearing particularly unlikely reveal bias measured standard many state rules constitutionally required relies decision chandler florida held appropriate safeguard possibility news coverage defendant trial influenced jurors defendant opportunity show coverage compromised ability jury adjudicate fairly however case certainly hold automatic disqualification rules never appropriate wood upheld constitutionality district columbia statute permitted federal government employees serve juries party dennis ruled government employees need excused serving jurors prosecution general secretary communist party frazier refused uphold challenge jury consisted entirely government employees language three opinions might interpreted suggest hearing determine actual bias always sufficient remedy see dennis reservation opportunity prove actual bias guarantee defendant right impartial jury frazier ordinary circumstances jurors subject challenge actual bias wood courts conduct full inquiry actual bias circumstances suggest inquiry appropriate cases however regarded actual bias including prejudice subjective sense also might thought implicitly arise view nature circumstances employment relation particular governmental activity matters involved prosecution otherwise frazier supra quoting wood supra cf tumey ohio judge financial interest outcome disqualified hearing case even though might actually affected financial interest average man position subject possible temptation hold balance nice clear true state accused murchison judge may conduct grand jury inquiry adjudicate charges defendant impartiality might reasonably questioned peters kiff opinion marshall joined douglas stewart jj possibility jury selection procedures exclude negroes might result bias defendant sufficient justify invalidation procedures see also supra relevant note judge application pending litigant trying case presumed biased matter vigorously protested actually impartial see tumey supra murchison supra number lower federal courts also suggested rules may appropriate circumstances see mccoy goldston bias implied new trial granted juror conceals information resulted disqualification cause allsup new trial granted robbery trial two jurors worked bank robbed deschenes dictum circumstances prejudice must presumed matter law must grant new trial cavness dictum see also kyle app bazelon dissenting defendant claims juror castigated judge serving juror another trial prejudiced procrustean demand showing prejudice illsuited case integrity judicial process stake inability demonstrate prejudice offers little assurance prejudice exist cert denied see brown refuses create set unreasonably constricting presumptions jurors excused cause due certain occupational special relationships might bear directly indirectly circumstances given case showing actual bias prejudice quoting mikus almost years ago burr fed cas cc chief justice marshall indicated believed rules appropriate circumstances person may declare feels prejudice case yet law cautiously incapacitates serving jury supposes prejudice general persons similar situation feel prejudice ibid state trial judge district appeals condemned prosecuting attorneys conduct trial judge stated failure inform defense counsel smith application serious error judgment people phillips misc unique misjudgment see also supp sdny majority also points federal courts supervisory power state courts result habeas corpus review conviction based prosecutorial misconduct must focus possible due process violations see donnelly dechristoforo depending nature prosecutor misconduct prejudice requirement may easily satisfied prosecutor knowingly presents perjured testimony conviction must set aside reasonable likelihood false testimony affected judgment jury agurs presentation perjured testimony corruption function trial process prosecutor fails comply request specific evidence substantial basis claiming evidence material failure disclose rarely excused brady maryland defendant faces substantial burden prosecutor fails disclose material evidence specific request evidence ever made circumstance verdict may set aside evidence creates reasonable doubt otherwise exist agurs supra failure disclose possible juror bias analogized prosecutor knowing use perjured testimony forms prosecutorial misconduct result corruption function trial process see agurs supra see also supra thus context also conviction set aside reasonable likelihood material omission affected judgment jury see supra clearly reasonable likelihood exist