Opinion

Bader v. State

  • 344 Ark. 241
  • 40 S.W.3d 738
  • 2001 Ark. LEXIS 191
Court
Supreme Court of Arkansas
Filed
Mar 22, 2001
Status
Published
Author
Glaze
On the bench
Ray Thornton
Cited by
11 cases
Authority
More cited than 10.3%

The opinion

TOM Glaze, Justice, concurring. Regarding Point I of the majority opinion, I concur and do so on the sole basis that the trial court permitted appellant Steven Bader an alternative line of questioning that was designed to educe information as to whether the venireperson had personal religious beliefs, convictions, or philosophical ideas that would impair his or her ability to serve impartially. Bader chose not to pursue such questioning. This court has held that the trial court’s “limited restriction” on voir dire does not constitute an abuse of discretion. See Ward v. State, 308 Ark. 415 , 827 S.W.2d 110 (1992).

Here, the trial court determined that specific information about denomination and church attendance was irrelevant for Bader to determine whether the potential jurors’ religious beliefs would prohibit them from following the law. Only when proposed questions are “plainly appropriate” will this court conclude that the trial court abused its discretion by restricting voir dire. Mr. Bader failed to show how his proposed questions were plainly appropriate in the circumstances; thus, it cannot be said that the trial court abused its discretion in restricting his voir dire and by allowing Bader to offer a reasonable alternative fine of questions.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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