State v. Irby

¶1 This appeal from a conviction for aggravated murder is unusual in that defendant Terrance Irby waived both his right to be represented at trial and his right to be present. Irby’s absence did not excuse the trial court and the prosecutor from their responsibility to assure that Irby’s jury was fair and impartial. One of the jurors said during voir dire that she “would like to say he’s guilty.” There was no inquiry by the court or the prosecutor that might have neutralized the meaning of these words. When a juror makes an unqualified statement expressing actual bias, seating the juror is a…