Legal Opinion
Merritt v. Evansville-Vanderburgh School Corp.
Indiana Supreme Court
Decided April 5, 2002No. 82S01-0102-CV-98PublishedCited by 13 opinions
1Opinion of the Court
SHEPARD, Chief Justice.
The question is whether a party who unavailingly challenges a prospective juror for cause and then passes up the chance to use a peremptory to strike that juror may later seek retrial based on the court's failure to grant the challenge for cause. Indiana's historic reply, like that of a good many other jurisdictions, has been "no." After examining the available alternative policies, we conclude that the present rule probably does the most to foster fair trials.
Facts and Procedural History
On October 8, 1996, six-year-old Kristin Alexander fell off the monkey bars and…
2Cases cited22 opinions
- Edmonson v. Leesville Concrete Co.Supreme Court of the United States · 1991
- Ross v. OklahomaSupreme Court of the United States · 1988
- United States v. Martinez-SalazarSupreme Court of the United States · 2000
- Johnson v. StateCourt of Criminal Appeals of Texas · 2001
- State v. DiFriscoSupreme Court of New Jersey · 1994
17 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Comeaux, Farrain JosephCourt of Criminal Appeals of Texas · 2014
- Weinberger v. BoyerIndiana Court of Appeals · 2011
- Gary Wayne Oswalt v. State of IndianaIndiana Supreme Court · 2014
- People v. SamuelsColorado Court of Appeals · 2009
- Hall v. Eastland MallIndiana Court of Appeals · 2002
8 more not listed; retrieve them via the Exa API.