People v. Clemens

¶1 We granted certiorari to consider whether the trial court abused its discretion when it relied on three prospective jurors’ silence in response to questions asked of the entire venire to conclude that those jurors had been rehabilitated after they had previously expressed a preconceived opinion about the defendant’s right to remain silent.1

¶2 We hold that a prospective juror’s silence in response to rehabilitative questioning constitutes evidence sufficient to support a trial court’s conclusion that the juror has been rehabilitated when, in light of the totality of the circumstances, the…