Peek v. State

HENDRY, Judge.

Defendant Charles Peek appeals from a final judgment of conviction and sentencing for petit theft. The single issue for our determination is whether the trial court erred in refusing to excuse a juror for cause. We hold that the court’s denial of the challenge for cause, after the defendant had exhausted all his peremptory challenges in reliance upon a previous ruling striking the juror for cause, impaired defendant’s right to a fair trial and mandates reversal.

During voir dire examination prior to trial, one of the prospective jurors, Samuel Weber, stated that as a retired…