The following excerpt is from Dietz v. Bouldin, 794 F.3d 1093 (9th Cir. 2015):
Nor should we. District court judges are in the best position to evaluate the jury's ability to deliberate, and should be accorded the widest latitude in determining how to make that evaluation. United States v. Vartanian, 476 F.3d 1095, 1098 (9th Cir.2007) (quoting United States v. Beard, 161 F.3d 1190, 1194 (9th Cir.1998) ). Indeed, this court has, for more than three decades, considered trial courts uniquely qualified to evaluate the possibility that a juror has been biased. United States v. Bagnariol, 665 F.2d 877, 885 (9th Cir.1981). Despite this presumption, the majority creates a new, unnecessary requirement that will hinder the ability of district court judges to manage the jury as they see fit.
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