Opinion

State of Louisiana v. Eric Dale Mickelson

  • 149 So. 3d 178
  • 2014 La. LEXIS 1821
  • 2014 WL 4356305
Court
Supreme Court of Louisiana
Filed
Sep 3, 2014
Status
Published
Author
Guidry
On the bench
Weimer, Guidry, Victory, Hughes, Clark, Johnson, Knoll
Cited by
73 cases
Authority
More cited than 11.5%

noting a challenge for cause should be granted, even when a prospective juror declares his or her ability to remain impartial, if the juror's responses, as a whole, reveal facts from which bias, prejudice, or inability to render a judgment according to law may be reasonably inferred

How later courts described this case

  • noting a challenge for cause should be granted, even when a prospective juror declares his or her ability to remain impartial, if the juror's responses, as a whole, reveal facts from which bias, prejudice, or inability to render a judgment according to law may be reasonably inferred

Written by the judges who cited it.

The opinion

GUIDRY, Justice,

concurs and assigns reasons.

hi write separately to emphasize that “[i]t is the trial judge who is ultimately responsible for making certain that all prospective jurors understand the fundamental elements of a capital trial and then-duties as jurors in a capital sentencing hearing.” State v. Jacobs, 99-1659 p. 12 (La.6/29/01), 789 So.2d 1280, 1288 . “The trial judge has the constitutional obligation to ensure that a fair and impartial jury is empaneled, and that obligation can only be fulfilled if the prospective jurors are subject to a meaningful voir dire and well informed of what the law requires of them.” Id. The dissent’s suggested voir dire examination on mitigating factors is exactly what is missing in this case. In the absence of that type of inquiry by the trial court under the facts of this particular case, there is no way to be certain this juror would be fair and impartial and could have followed the law, which is the fundamental question in the jury selection process so as to ensure the accused’s constitutional right to a fair trial.

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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