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State v. King6/24/2004
van, 2003 UT App 152, , 71 P.3d 601, is inapplicable. Because the trial court did not fulfill its obligation to fully probe the jurors about their potential prejudice, "the proceedings did not advance to the point at which, as in Menzies, a dispute arose over whether the trial court should have granted a challenge for cause." Id. at .
CONCLUSION
When there is a specific reason to doubt a prospective juror's impartiality, sound discretion requires the trial court (or counsel, at the court's invitation) to question the juror so the court can meaningfully evaluate whether the juror will act impartially. Such did not occur in this case with respect to two jurors who served, and, accordingly, we reverse Defendant's conviction and remand for a new trial.
Gregory K. Orme, Judge
WE CONCUR:
Judith M. Billings, Presiding Judge
Norman H. Jackson, Judge
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