Legal Opinion

State v. Cho

Court of Appeals of Washington

Decided September 4, 2001No. 46254-7-IPublishedCited by 22 opinions

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

  1. Smith v. PhillipsSupreme Court of the United States · 1982
  2. McDonough Power Equipment, Inc. v. GreenwoodSupreme Court of the United States · 1984
  3. State Ex Rel. Carroll v. JunkerWashington Supreme Court · 1971
  4. Dennis v. United StatesSupreme Court of the United States · 1950
  5. 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

  1. State v. BoyleCourt of Appeals of Washington · 2014
  2. In re the Detention of BrotenCourt of Appeals of Washington · 2005
  3. McCoy v. Kent Nursery, Inc.Court of Appeals of Washington · 2011
  4. In re the Personal Restraint of CraceCourt of Appeals of Washington · 2010
  5. State v. BoikoCourt of Appeals of Washington · 2007

17 more not listed; retrieve them via the Exa API.

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