The Ebner test for apprehended bias of a juror does not arise for application where a witness believes they recognise a juror but no juror discloses any association after appropriate inquiry by the trial judge. The bare possibility of an unconfirmed association, without disclosure, does not trigger the obligation to apply the two-step Ebner test. On sentence disparity, a co-offender's guilty plea, extensive assistance, and extraordinary remorse may justify a substantially lower sentence without giving rise to a legitimate sense of grievance.
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