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Criminal Law : Voir Dire – Juror Bias – Rehabilitation

Stephanie Maniscalco//September 14, 2016//

Criminal Law : Voir Dire – Juror Bias – Rehabilitation

Stephanie Maniscalco//September 14, 2016//

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Where a venireperson in a medical negligence case stated that she would “start off slightly in favor” of the hospital defendant because her sister worked as a nurse at one of its facilities, the attempts to rehabilitate the venireperson did not establish that she would be fair and impartial, so the trial court’s failure to strike the juror was reversible error.

Judgment is reversed and remanded.

Thomas v. Mercy Hospital’s East Communities (MLW No. 69692/Case No. ED103338 – 9 pages) (Missouri Court of Appeals, Eastern District, James M. Dowd, J.) Appealed from circuit court, Franklin County, Wood, J. (Bradley L. Bradshaw for appellant) (Kenneth W. Bean for respondent).

Read the full text of this opinion. (PDF)

 

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