Carver v. State

I concur in the disposition of Case No. A91A1881. I disagree with the judgment of reversal in Case No. A92A0221. The record reflects that the claimed error in the jury selection process was waived when trial counsel failed to challenge the poll or otherwise object, and knowingly acquiesced in the process.

On November 13, 1989, a panel of 51 jurors was assembled and sworn for the trial of the two cases pending against the defendant. Voir dire and the selection of 12 jurors and an alternate were first completed in the case charging the defendant with aggravated assault and felony obstruction…