State v. Cho
Court of Appeals of Washington
1Opinion of the Court
Becker, A.C.J.
This case arises from a juror’s failure to disclose during voir dire that he was a retired police officer. A presumption of bias arises when a juror deliberately withholds material information in order to be seated on a jury. We remand for an evidentiary hearing. Unless the trial court finds facts refuting the implication of bias, the defendant is entitled to a new trial.
On an August evening in 1999, four members of a gang were riding in a black Honda in Federal Way. The car stopped, and its occupants were confronted by members of a rival gang approaching on foot. One of the…
2Cases cited20 opinions
- Smith v. PhillipsSupreme Court of the United States · 1982
- McDonough Power Equipment, Inc. v. GreenwoodSupreme Court of the United States · 1984
- State Ex Rel. Carroll v. JunkerWashington Supreme Court · 1971
- Dennis v. United StatesSupreme Court of the United States · 1950
- Alfred R. Dyer v. Arthur Calderon, Warden, of California State Prison at San QuentinCourt of Appeals for the Ninth Circuit · 1998
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3Cited by22 opinions
- State v. BoyleCourt of Appeals of Washington · 2014
- In re the Detention of BrotenCourt of Appeals of Washington · 2005
- McCoy v. Kent Nursery, Inc.Court of Appeals of Washington · 2011
- In re the Personal Restraint of CraceCourt of Appeals of Washington · 2010
- State v. BoikoCourt of Appeals of Washington · 2007
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