McKinney v. State

Clarke, Justice.

We granted certiorari to review Division 1 of the opinion of the Court of Appeals in McKinney v. State, 174 Ga. App. 78 (329 SE2d 258) (1985). The trial court refused to strike for cause a juror who, as a superior court judge, had presided at McKinney’s arraignment and entered an order in the case prior to trial. The Court of Appeals affirmed. In our view, the failure to strike for cause under the facts of this case requires reversal.

A superior court judge was on the panel of jurors for McKinney’s case. Defense counsel moved to strike him for cause on the grounds that he had…