Roubideaux v. State

BRETT, Judge,

specially concurring.

It is my opinion that the trial court erred in refusing to excuse Ellen Brock for cause. Arguably Brock comes within the purview of 22 O.S.1981, § 660(2), which lists persons who may be challenged for implied bias, as she was employed by the district attorney who instituted the prosecution. Unquestionably she falls within the spirit of the law that guarantees fair and impartial jurors to sit in judgment of an accused.

It is true that Brock stated she could serve as a fair and impartial juror in the matter, but as this Court eloquently stated in Scrivener v.…