United States v. Thomas
United States Court of Appeals for the Second Circuit
116 F.3d 606 (1997)
Thomas (defendant) was tried on federal narcotics charges. Juror No. 5, the only Black juror, became controversial during deliberations: other jurors complained they couldn't reach a verdict because of his fixed belief that Thomas was not guilty. Accounts of his motives conflicted — some jurors thought he was simply favoring a fellow Black defendant, others thought he believed Thomas had acted out of economic necessity, and still others said he genuinely doubted the sufficiency or reliability of the government's evidence. In his own interview with the judge, Juror No. 5 said nothing suggesting bad faith or an unwillingness to apply the law. The judge nonetheless removed him mid-deliberation, finding he was ignoring the evidence based on preconceived views; the remaining eleven jurors convicted Thomas the next day.
Whether a deliberating juror may be dismissed once deliberations have begun where the evidence is split as to whether he is engaging in jury nullification or simply believes the government's evidence is insufficient.