State v. Lumsden

I respectfully dissent from the result and holding of the principal opinion that a defendant may not question a juror on voir dire concerning the juror’s definition of “reasonable doubt” for any purpose. Also, I respectfully disagree with the views of Bardgett, C. J., expressed in his dissenting opinion filed herein that a defendant may question a juror on voir dire concerning the juror’s definition of “reasonable doubt” for the purposes of formulating both challenges for cause and peremptory challenges.

While I agree that a party cannot use a juror’s preconceived definition of “reasonable…