Johnson v. Hansen

O’CONNELL, J.,

specially concurring.

The majority opinion appears to proceed upon the assumption that in the voir dire examination counsel for the plaintiff always has the burden of showing *10lack of bias and that if he makes inquiry of a juror to discover bias without first obtaining leave of court he runs the risk of a mistrial. According to this reasoning it would make no difference whether counsel had a well-founded suspicion of bias on the part of a juror — the inquiry as to bias is improper unless first cleared by the trial court if the inquiry might create prejudice against the defendant.…