Smith v. Phillips

Justice Marshall, with whom Justice Brennan and Justice Stevens join,

dissenting.

Juror John Smith vigorously pursued employment with the office of the prosecutor throughout the course of his jury service in respondent’s state criminal trial. The' prosecutors learned of Smith’s efforts during the trial, but improperly failed to disclose this information until after the jury had returned a verdict of guilty against respondent. The state court conducted a post-trial evidentiary hearing and determined that the juror was not actually biased. Thus, it ruled that respondent was not prejudiced, and…