Published on: Saturday, May 8, 2021

A juror deliberating over the prosecution of a former Congresswoman told other jurors that a higher power told him the defendant was not guilty of fraud and tax charges. The trial judge questions the juror who admits to saying the Holy Spirit indeed did tell him that, but reaffirms he's following the court's instructions and carefully examining the evidence. The judge strikes the juror, and the jury convicts. En banc Eleventh Circuit (7-4): The juror’s statement “was no more disqualifying by itself than a secular juror’s statement that his conscience or gut ‘told’ him the same.” Trial judge abused his discretion by dismissing the juror, and the removal violated defendant's right under the Sixth Amendment to a unanimous jury. New trial ordered. 

The case is United States v. Brown, 17-15470 (11th Cir May 6, 2021).