Posts Tagged ‘fair and impartial’

WA Court of Appeals at Div. II: If limited to not fair and impartial, holdout juror can be removed if she asks

July 19, 2010

State v. Hopkins

Hopkins was down at a Marina with a girl. An officer found his truck, knew it was a high-burglary area, and then found the two strolling. During questioning, she gave her ID, he didn’t give his, then relented and went back to the truck to grab it. He was being a bit aggressive (stomping, shouting), while the girl just seemed embarrassed. While the cop was focusing on Hopkins, the girl pulled a knife and snuck behind the officer. Luckily for him, quick reflexes kept him safe, and he got both in custody without losing his life.

The issue came in deliberation. A juror (the one deadlocked juror of course, or this wouldn’t be interesting) told the presiding that while she initially though she could be impartial, she was sure now that she couldn’t. She asked to be removed. The judge was careful about not intruding on the deliberations, asking her typical for cause removal questions. She was excused and a verdict was returned.

Not improper.


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