Legal Opinion
State v. Boiko
Court of Appeals of Washington
Decided April 26, 2007No. 24534-9-IIIPublishedCited by 11 opinions
1Opinion of the Court
¶1 A trial court is afforded great discretion and deference when ordering a new trial owing to juror bias. State v. Briggs, 55 Wn. App. 44, 60, 776 P.2d 1347 (1989). Jay Sidney Boiko was convicted of two counts of second degree rape. One of the jurors, an attorney who had applied for a job with the prosecutor one year earlier, did not disclose in voir dire that she was married to a key prosecution witness. We hold that the trial court did not abuse its considerable discretion by granting a new trial.
Schultheis, A.C.J.
FACTS
¶2 Mr. Boiko was charged with two counts of second degree rape on…
2Cases cited29 opinions
- Irvin v. DowdSupreme Court of the United States · 1961
- 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
- Matter of Personal Restraint of LordWashington Supreme Court · 1994
24 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- State of Washington v. John J. MunzanrederCourt of Appeals of Washington · 2017
- State of Washington v. Tishawn Marqueis WinborneCourt of Appeals of Washington · 2018
- Faghih v. Department of Health, Dental Quality Assurance CommissionCourt of Appeals of Washington · 2009
- Faghih v. WASH. STATE DEPT. OF HEALTH, DENTAL QUALITY ASSUR. COM'NCourt of Appeals of Washington · 2009
- State Of Washington v. Joseph L. EdwardsCourt of Appeals of Washington · 2019
6 more not listed; retrieve them via the Exa API.