Federal Court Urged to Reverse Decision Dismissing Juror Who Sought Divine Guidance During Deliberations
February 23 2021 - 10:40AM
Today, the U.S. Court of Appeals for the Eleventh Circuit, sitting
en banc, heard oral arguments in United States v. Corrine Brown, a
case in which attorneys with First Liberty Institute, Kirkland
& Ellis LLP, and Kent & McFarland contend that a juror was
impermissibly dismissed during deliberation for seeking guidance
through prayer and believing his prayers were answered. Last year,
a three-judge panel of the Eleventh Circuit affirmed a lower court
decision upholding the judge’s decision to remove the juror. The
full Court decided to rehear the case in September.
Paul Clement, former U.S. Solicitor General,
partner at Kirkland & Ellis LLP, and First Liberty network
attorney, who argued the case today said, “A nation that enshrines
religious toleration in its founding document and invokes the
religious beliefs of its citizenry to reinforce their public oaths
cannot dismiss jurors based on the way they express their religious
convictions.”
“Jurors end their oath to deliberate fairly with
‘so help me God,’ but removing a juror for believing God answered
his prayer for guidance sends a chilling message to the millions of
Americans who seek divine guidance through prayer that they are
automatically disqualified from the noble, civic duty of serving on
a jury,” said Lea Patterson, Counsel for First Liberty.
In July 2016, a federal grand jury indicted
former Congresswoman Corrine Brown on fraud charges; the case
proceeded to a jury trial in April 2017. During the jury’s
deliberations, the district court removed a juror who stated to
other jurors that he had prayed for and believed he received the
guidance of the Holy Spirit in considering the case. The judge
questioned the juror, who confirmed that he had no “political,
religious, or moral beliefs that would preclude [him] from serving
as a fair and impartial juror” and that he was not “having any
difficulties with any religious or moral beliefs that are, at this
point, bearing on or interfering with [his] ability to decide the
case on the facts presented and on the law as [the court] gave it
to [him] in the instructions.” Despite the juror’s repeated
assurances to the court that his religious beliefs were not
interfering with his ability to follow the law and the evidence,
the judge determined that the juror had received improper influence
from outside the trial.
Brown moved for a new trial, arguing that the
juror was improperly removed, but the district court denied the
motion and imposed sentence. Brown appealed, and a panel of the
Eleventh Circuit affirmed the district court decision. In
September, the Eleventh Circuit agreed to rehear the case en banc
and vacated the panel’s opinion.
About First Liberty Institute
First Liberty Institute is a non-profit public interest law firm
and the largest legal organization in the nation dedicated
exclusively to defending religious freedom for all Americans.
To arrange an interview, contact Lacey McNiel at
media@firstliberty.org or by calling 972-941-4453.