State v. Tyler

The opinion of the Court was delivered by

COLEMAN, J.

The critical issue raised in this appeal is whether the trial court erred in not excusing a juror based on juror prejudice either before or after the jury had been sworn. The trial court found that although the juror was unfit to serve based on prejudice and bias, the juror should not be excused until she had served one day because the court believed the juror had tried to avoid jury duty in a two-day trial. The Appellate Division affirmed, finding that “[n]o prejudice to defendant has been shown.” We reverse and hold that the trial court…