Legal Opinion · Concurrence

Hood v. McElroy

Supreme Court of Alabama

Decided September 30, 2011No. 1091075Published

1ConcurrenceShaw, Justice

I believe that the voir dire questions posed in this case were ambiguous and appeared to ask the veniremembers whether they had been defendants in a personal-injury lawsuit and not a lawsuit in general. Counsel queried: “How many of you have ever been defendants in a lawsuit? Had somebody sue you for personal injuries? And I’m not talking about a case like this. It could have been a car wreck.” Had counsel paused between the questions, then Juror D.O. would have answered after the first question was asked; instead, D.O. answered after counsel’s entire statement. This indicates to me that the…

2Cases cited2 opinions

  1. Alabama Power Co. v. BrooksSupreme Court of Alabama · 1985
  2. Seaboard System R.R., Inc. v. PageSupreme Court of Alabama · 1986

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