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This section contains the nature of the case and procedural background.

D was indicted and tried for murder. During his trial, a juror submitted an employment application with the district attorney's office as an investigator. D was convicted and challenged the conviction on that basis. The trial judge denied relief and D eventually applied for habeas corpus relief. The District Court imputed bias to the juror without a finding of actual bias and ordered D released, and a new trial be granted. This was affirmed by the Second Circuit.

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