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
HUGHES, J.,
additionally concurs and assigns reasons.
hi agree with the majority opinion. This is a tremendously difficult case with which all the justices have invested much effort. We note that there were three Johnsons in the jury pool, and the issue is that the particular juror we are concerned with was not rehabilitated during voir dire to allow him to serve.
*196 It is clear that this juror was honest and forthright and there can certainly be no criticism of him for speaking his mind, which was that he considered drug and alcohol use to be aggravating, and not mitigating, factors for which he would impose the death penalty. I am hard put to disagree. Unfortunately, the law is written a different way.