“Ultimately, the test to be applied is whether the juror can set aside her opinions and try the case fairly and impartially, according to the law and the evidence”
How later courts described this case
- “Ultimately, the test to be applied is whether the juror can set aside her opinions and try the case fairly and impartially, according to the law and the evidence”
- opinion on application for rehearing
Written by the judges who cited it.
The opinion
I agree with overruling the application for rehearing in this case, but see my dissent in the companion case Wood v. Woodham , 561 So.2d 224 , 228-229 (Ala. 1989) (Maddox, J., dissenting).