Jurors: MORGAN V. COM (SCOKY; 5/18/2006)

MORGAN V. COM
CRIMINAL:  Juror Challenges
CIVIL PROCEDURE: Challenges
2003-SC-000489-MR.pdf
PUBLISHED 
AFFIRMING IN PART AND REVERSING; SCOTT
DATE:  5/18/2006

This case addresses jury selection, bias and challenges with a good analysis of the topic.  However, the dissent by Cooper is noteworthy – "Because of our decision today, peremptory challenges in both civil and criminal trials can be allocated at the whim of trial judges, who can control their allotment either by refusing to grant challenges for cause and thereby forcing the aggrieved party to waste his/her/its peremptory strikes on jurors who should have been excused for cause, or by simply misallocating the peremptory challenges by awarding a party more than or less than the number allowed by law."

Michael Stevens

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