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
Hughes
On the bench
Weimer, Guidry, Victory, Hughes, Clark, Johnson, Knoll
Cited by
73 cases

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.

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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