Yesterday, the Missouri Court of Appeals, Eastern District issued an important opinion regarding jury selection. For lawyers in Springfield MO, this could play a factor in many cases coming up. In this medical malpractice case, a potential juror expressed a bias in favor of one of the parties. The Court held that when a potential juror indicates a bias and is not asked specific follow-up questions to clearly show that the juror will be impartial to both sides, it is error for that potential juror to sit on the jury and decide the case. Although the case was a civil medical malpractice action, the Court’s decision will also affect jury selection in criminal cases.
Missouri Court of Appeals, Eastern District
Thomas v. Mercy Hospitals East Communities, ED103338.
Appeal from the Circuit Court of Franklin County, Missouri
13AB-CC00063
Honorable Gael D. Wood
Filed: September 13, 2016
Conclusion
For the reasons stated above, we reverse the judgment of the trial court and remand for a new trial.
James M. Dowd, Presiding Judge
Kurt S. Odenwald, J. and
Gary M. Gaertner, Jr., J., concur.
Missouri Court of Appeals, Eastern District
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St. Louis, Missouri 63101
Carver, Cantin & Mynarich are a team of top-rated criminal defense attorneys in Springfield, Missouri specializing in sex crimes defense and criminal tax defense in addition to a wide variety criminal legal services.
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