MICHAEL POTH v. UNITED STATES

Beckwith, Associate Judge:

A jury acquitted appellant Michael Poth of second-degree murder while armed 1 for the stabbing death of Philip Bushong, but found him guilty of the lesser included offense of voluntary manslaughter while armed. 2 After trial, defense counsel discovered that two of the jurors had omitted material information in their voir dire responses and filed a motion for new trial under Super. Ct. Crim. R. 33. The trial court denied the motion on the ground that Mr. Poth had forfeited the juror-misconduct claim by failing to exercise diligence in discovering the claim’s factual…