You are here: / / JUROR SHOULD HAVE BEEN EXCUSED FOR CAUSE, CONVICTION REVERSED.

JUROR SHOULD HAVE BEEN EXCUSED FOR CAUSE, CONVICTION REVERSED.

The Second Department determined defendant's conviction must be reversed because the trial court should have granted defense counsel request to excuse a prospective juror for cause. The juror said she “didn't know” whether the sexual assault of her aunt would affect her ability to judge the sexual-offense case for which the jury was being selected:

Here, during voir dire, one prospective juror indicated that because her aunt had been the victim of a violent sexual assault, it would “be a little bit hard” for her to keep an open mind when listening to the facts of this case. When asked whether she could “give the defendant in this case a fair trial,” she responded, “I can manage. Yes.” When asked if it was possible that her judgment in this case might be affected by her aunt's case, she responded, “Might.” The Supreme Court also asked the prospective juror if the fact that this case did not involve a sex crime would “change things” for her, and she responded, “Part of it. Yeah.” The prospective juror confirmed that she would refrain from blaming the defendant for what happened to her aunt or favoring the prosecution for successfully prosecuting her aunt's assailant, but when asked again by defense counsel whether her aunt's experience “might affect [her] ability to judge this case,” the juror paused and finally said, “I don't know.” The court denied the defendant's challenge for cause to this prospective juror. The defense then exercised a peremptory challenge to remove her and exhausted all of its peremptory challenges prior to the end of jury selection.

At no point did the prospective juror unequivocally state that her prior state of mind would not influence her verdict, and that she would render an impartial verdict based solely on the evidence. Under the circumstances, the Supreme Court should have granted the defense's challenge for cause to this prospective juror … . People v Malloy, 2016 NY Slip Op 02380, 2nd Dept 3-30-16

CRIMINAL LAW (JUROR SHOULD HAVE BEEN EXCUSED FOR CAUSE, CONVICTION REVERSED)/JURORS (CRIMINAL LAW, JUROR SHOULD HAVE BEEN EXCUSED FOR CAUSE, CONVICTION REVERSED)FOR CAUSE JUROR CHALLENGE (JUROR SHOULD HAVE BEEN EXCUSED FOR CAUSE, CONVICTION REVERSED)

You might also like
Plaintiff Sufficiently Raised Issue of “Actual Innocence” in Motion to Vacate His Conviction to Warrant Hearing—Affidavits from Alibi Witnesses Identified Before Trial
THE CITY DID NOT DEMONSTRATE THE SALARY PROMISED PLAINTIFF AT THE OUTSET WAS A MISTAKE WHICH HAD BEEN CORRECTED, THE CITY’S MOTION FOR SUMMARY JUDGMENT SHOULD NOT HAVE BEEN GRANTED; PLAINTIFF’S CROSS MOTION FOR SUMMARY JUDGMENT ON HER BREACH OF CONTRACT ACTION SHOULD HAVE BEEN GRANTED; SUPREME COURT’S ANALYSIS UNDER AN “AT-WILL EMPLOYEE” THEORY WAS NOT APPLICABLE (SECOND DEPT).
“Lack of Capacity to Sue” Defense Waived If Not Raised in Pleadings/Court Should Not Have Decided Summary Judgment Motion by Searching the Record and Ruling On Issues Not Raised by Anyone
GRANDMOTHER ENTITLED TO HEARING ON HER PETITION FOR CUSTODY, HEARING SHOULD BE HELD IN DISPOSITIONAL PORTION OF PROCEEDINGS TO TERMINATE MOTHER’S PARENTAL RIGHTS.
THE EVIDENCE FATHER NEGLECTED THREE OF THE CHILDREN BY THROWING AN OBJECT AT MOTHER AND YELLING AT MOTHER WAS INSUFFICIENT (SECOND DEPT).
Suit Against an Unincorporated Association Must Allege Every Member of the Association Ratified the Conduct Complained Of
Family Offense Must Be Established by Fair Preponderance
Forum Selection Clause in Nursing Home Admission Agreement Should Have Been Enforced

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2025 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

DEFENDANT’S DEATH PRIOR TO PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT... SUPPLEMENTAL UNINSURED/UNDERINSURED MOTORIST PROVISIONS WERE UNAMBIGUOUS, RECOVERY...