Montgomery v. State

Defendant appeals from a judgment of conviction for strong arm robbery. For the following reason, we reverse and remand for a new trial.

During voir dire, defense counsel attempted to backstrike a juror for cause. The trial court denied the challenge and announced that his “ground rules” allowed “challenges for cause when calling for cause, then we go to peremptories.”

Notwithstanding those “ground rules,” it is clear beyond peradventure that “[a] trial judge has no authority to infringe upon a party’s right to challenge any juror, either peremptorily or for cause, prior to the time the jury is…