United States v. Grady Thomas, 116 F.3d 606 (2nd Cir. 1997), was a case in which the U.S. Court of Appeals for the Second Circuit ruled that a juror could not be removed from a jury on the ground that the juror was acting in purposeful disregard of the court's instructions on the law, when the record evidence raises a possibility that the juror was simply unpersuaded by the Government's case against the defendants. The case had important implications for secrecy of the jury deliberation process outweighs the ability to dismiss a juror for nullification.
Conclusion
U.S. Court of Appeals for the Second Circuit held that:
1. A juror who nullifies evidence may be dismissed for "just cause" under Rule 23(b) of the Federal Rules of Criminal Procedure.
2. Dismissal can be granted only when there is proof beyond all doubt that a juror had nullified the trial evidence.