Monthly Archives: June 2008

Prospective Juror Not “Under Prosecution.”

On the day the jury was sworn – after a week of voir dire – a prospective juror got a traffic ticket. The ticket was for the “crime” of knowingly driving on a suspended license, a second-degree misdemeanor. No one in the courtroom on that day asked her about it. She didn’t tell anyone about it. And she ended up serving on the jury that convicted Jason Tucker of premeditated […]

June 23, 2008

“Conflicting Views” Raise a Reasonable Doubt

Today the Fourth District Court of Appeal reversed a criminal conviction because the trial judge failed to strike for cause a juror who “held conflicting views” on the presumption of innocence. Initially, during jury selection the juror stated “he’s guilty until proven innocent,” but later said “I think it was a misunderstanding earlier…,” and then went on to state “I can be fair and impartial.” The Court looked at the entirety of the juror’s […]

June 18, 2008