McDonough Power Equipment, Inc. v. Greenwood

Justice Blackmun, with whom Justice Stevens and Justice O’Connor join, concurring. I agree with the Court that the proper inquiry in this case is whether the plaintiffs had the benefit of an impartial trier of fact. I also agree that, in most eases, the honesty or dishonesty of a juror’s response is the best initial indicator of whether the juror in fact was impartial. I therefore join the Court’s opinion, but I write separately to state that I understand the Court’s holding not to foreclose the normal avenue of relief available to a party who is asserting that he did not have the benefit of an impartial jury. Thus, regardless of whether a juror’s answer is honest or dishonest, it remains within a trial court’s option, in determining whether a jury was biased, to order a post-trial hearing at which the movant has the opportunity to demonstrate actual bias or, in excep*557tional circumstances, that the facts are such that bias is to be inferred.