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The post below was published on Tuesday, January 18th, 2011 at 8:13 AM.

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Second District: Biased Jurors

The jury selection process brings out all kinds of interesting comments. In this case, a prospective juror in a criminal case asked the defendant’s counsel why a person would not want to testify in his defense. The prospective juror then offered his own answer: “Unless they are guilty.” The defendant moved to strike the prospective juror for cause but the trial court denied the challenge. Did the trial court err?

The Second District said yes, explaining that the prospective juror’s remarks created a reasonable doubt about her ability to be fair and impartial and that she was not thereafter rehabilitated.

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